Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Burke [2013] FCA 553 Citation: Coshott v Burke [2013] FCA 553
Parties: ROBERT GILBERT COSHOTT v JOHN CHRISTOPHER BURKE and ROBERT GILBERT COSHOTT v MAXWELL WILLIAM PRENTICE
File number(s): NSD 1208 of 2009 NSD 993 of 2013
Judge: ALLSOP CJ
Date of judgment: 7 June 2013
Catchwords: BANKRUPTCY – application for injunction to restrain trustee from retaining solicitors and Counsel – whether conflict – whether failure to disclose relevant matters
Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth), sch 4A
Cases cited: Doolan v Dare [2004] FCA 682 distinguished Horne (Trustee), in the matter of Pruzanski [2000] FCA 151 distinguished Kallinicos v Hunt (2005) 64 NSWLR 561 cited
Date of hearing: 4 June 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 44
Counsel for the Applicant: R G Coshott (in person)
Counsel for the Respondent: J T Johnson in NSD 1208 of 2009 and NSD 993 of 2013
Solicitor for the Respondent: Sally Nash & Co in NSD 1208 of 2009 and NSD 993 of 2013
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1208 of 2009
BETWEEN: ROBERT GILBERT COSHOTT
Applicant
AND: JOHN CHRISTOPHER BURKE
Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 7 JUNE 2013 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The claim for injunctive relief in order 3 of the interim application in NSD 1208 of 2009 filed on 3 May 2013 be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 993 of 2013
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