Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bendigo and Adelaide Bank Limited v Clout (No 2) [2016] FCA 561 File number: SAD 26 of 2015
Judge: WHITE J
Date of judgment: 20 May 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – setting aside composition between bankrupts and creditors pursuant to s 73 of the Bankruptcy Act 1966 (Cth) – form of orders giving effect to decision. COSTS – application for costs to be paid by trustee in bankruptcy – whether trustee should be reimbursed by bankrupt estate – whether conduct of trustee partisan in nature – application dismissed.
Legislation: Bankruptcy Act 1966 (Cth) ss 19AA, 40, 58, 59, 73, 81, 115-122, 127, 139P, 139R, 149, 149B, 222, 225
Cases cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Bale v Mills [2011] NSWCA 226; (2011) 81 NSWLR 498 Bendigo and Adelaide Bank Limited v Clout [2016] FCA 119 Commonwealth Bank of Australia v Robson [2013] FCA 1430 Cross v Rullo [2013] FCA 837 Donnelly v Edelsten (1992) 109 ALR 651 Hingston v Westpac Banking Corporation [2012] FCAFC 41 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Re Application by the Chief Commissioner of Police (Vic) [2005] HCA 18; (2005) 79 ALJR 881 Re Hughes and Hughes; ex parte Australian Mutual Provident Society v Kennedy [1996] FCA 1286 Shannon v Commonwealth Bank of Australia [2014] FCAFC 108 The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust v Lenard's Pty Ltd (No 2) [2004] FCA 1310
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