Ferella v Official Trustee in Bankruptcy (No 4) [2015] FCA 712

FEDERAL COURT OF AUSTRALIA

Ferella v Official Trustee in Bankruptcy (No 4) [2015] FCA 712 Citation: Ferella v Official Trustee in Bankruptcy (No 4) [2015] FCA 712

Parties: ANGELO FERELLA and GUSTAVO FERELLA v OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATES OF ANGELO FERELLA AND GUSTAVO FERELLA

File number(s): NSD 1284 of 2009

Judge(s): YATES J

Date of judgment: 14 July 2015

Catchwords: BANKRUPTCY AND INSOLVENCY – inquiry into conduct of trustee in bankruptcy in the administration of two bankrupt estates – allegation that trustee unjustifiably failed to disclose information in legal proceedings in which the bankrupts and the trustee were parties – whether trustee breached duty owed to each bankrupt

Legislation: Bankruptcy Act 1966 (Cth) ss 20J, 149 and 179

Cases cited: Adsett v Berlouis (1992) 37 FCR 201 Agusta Pty Ltd v Official Trustee in Bankruptcy as Trustee of Estates of Gustavo Ferella and Angelo Ferella [2009] NSWCA 129 Agusta Pty Ltd & Ors as trustees for the Cavallino Unit Trust v The Official Trustee in Bankruptcy as trustee of the bankrupt estates of Gustavo Ferella and Angelo Ferella [2008] NSWSC 685 Agusta Pty Ltd & Ors as trustees for the Cavallino Unit Trust v The Official Trustee in Bankruptcy as trustee of the bankrupt estates of Gustavo Ferella and Angelo Ferella (unreported, Sup Ct, NSW, Nicholas J, 28 August 2009) Ferella v Official Trustee in Bankruptcy (No 2) [2011] FCA 619 In re Beddoe; Downes v Cottam [1893] 1 Ch 547 Octavo Investments Proprietary Limited v Knight (1979) 144 CLR 360 Pitts v La Fontaine (1880) 6 App Cas 482 Re Alafaci; Registrar in Bankruptcy v Hardwick (1976) 9 ALR 262 Re Driller (1972) 21 FLR 159