Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Patel v Ruhe [2016] FCA 520 File number(s): NSD 989 of 2015
Judge: BUCHANAN J
Date of judgment: 13 May 2016
Catchwords: BANKRUPTCY – application by bankrupt for an inquiry into the conduct of the trustees pursuant to s 179 of the Bankruptcy Act 1966 (Cth) – creditors voted to replace the original trustee – whether conduct of new trustee sufficient to necessitate an inquiry – no basis on which to order an inquiry – application dismissed
Legislation: Bankruptcy Act 1966 (Cth), ss 6A, 6A(2), 6A(3), 19, 55, 77, 77(1), 139ZA, 179, 272, 272(1), 272(1)(c)
Cases cited: Boensch v Pascoe [2007] FCA 1977 Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Clyne v Deputy Commissioner of Taxation (1984) 52 ALR 657 Coshott v Burke [2013] FCA 553 Deputy Commissioner of Taxation v Andrew (1984) 52 ALR 701 Ferella v Official Trustee in Bankruptcy (No 2) [2011] FCA 619 Fuller, A Bankrupt v Wily (unreported, Sheppard, Spender and Hill JJ, 28 June 1996) Macchia v Nilant (2001) 110 FCR 101 Marsden v Screenmasters Australia Pty Ltd, in the matter of Cardinal Group Pty Ltd (in liq) [2015] FCA 1256 Maxwell-Smith v Donnelly [2006] FCAFC 150 Moore v Macks [2007] FCA 10 Re Gault; Gault v Law (1981) 57 FLR 165 Trkulja v Morton [2005] FCA 659
Date of hearing: 17 and 18 February 2016
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