Warner v Mayfair Limited, in the matter of the Personal Insolvency Agreement of Gore [2015] FCA 441

FEDERAL COURT OF AUSTRALIA

Warner v Mayfair Limited, in the matter of the Personal Insolvency Agreement of Gore [2015] FCA 441 Citation: Warner v Mayfair Limited, in the matter of the Personal Insolvency Agreement of Gore [2015] FCA 441

Parties: ANTHONY JOHN WARNER IN HIS CAPACITY AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF CRAIG KIRRIN GORE v MAYFAIR LIMITED, CHINTZ CONSULTING INC, GUILLIAM CONSULTING GROUP LIMITED, 21ST CENTURY INVESTMENTS LLC and GFC09 PTY LTD

File number: NSD 525 of 2013

Judge: FARRELL J

Date of judgment: 11 May 2015

Catchwords: BANKRUPTCY – personal insolvency agreement –dividend not paid to all creditors whose proofs of debt had been admitted – trustee replaced – personal insolvency agreement terminated – debtor made bankrupt – whether provisions of personal insolvency agreement survived termination – whether trustee under personal insolvency agreement entitled to rule on proofs of debt after termination – whether dividend declared in respect of proof of debt labelled "under consideration" – whether ss 140, 147 and 224 of the Bankruptcy Act 1966 (Cth) ("Bankruptcy Act") give rise to statutory entitlement to be paid divided declared prior to termination of personal insolvency agreement – whether trustee of personal insolvency agreement entitled to remuneration after termination – whether trustee of personal insolvency agreement entitled to costs after termination – whether parties which asserted interest in moneys held by trustee entitled to costs – whether residual funds vested in Official Trustee in Bankruptcy pursuant to s 58 of the Bankruptcy Act