Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leroy (Trustee), in the matter of Vitale and Vitale (Bankrupts) [2016] FCA 999 File number: NSD 1142 of 2016
Judge: WIGNEY J
Date of judgment: 25 July 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – whether trustee is justified in entering into settlement of primary proceedings – where settlement proceedings did not involve all creditors – whether the Court should issue a direction under Bankruptcy Act 1966 (Cth), s 134(4) that the trustee is justified in entering into the written agreement
Legislation: Bankruptcy Act 1966 (Cth), ss 73, 121, 188, 134(4) Federal Court of Australia Act 1976 (Cth), s 37AE
Cases cited: Reidy (Trustee), in the matter of Hawksford (Bankrupt) [2015] FCA 432
Date of hearing: 20 and 25 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General & Personal Insolvency
Category: Catchwords
Number of paragraphs: 46
Counsel for the Applicant: Mr R D Marshall
Solicitor for the Applicant: Mills Oakley Lawyers
ORDERS NSD 1142 of 2016 IN THE MATTER OF THE BANKRUPT ESTATES OF ANTHONY VITALE AND GIULIANA VITALE PAUL LEROY AS TRUSTEE FOR THE BANKRUPT ESTATES OF ANTHONY VITALE AND GIULIANA VITALE
Applicant
JUDGE: WIGNEY J DATE OF ORDER: 25 JULY 2016
THE COURT ORDERS THAT:
1. A direction pursuant to s 134(4) of the Bankruptcy Act 1966 that Mr Paul Leroy, in his capacity as trustee of the bankrupt estates of Mr Anthony Vitale and Mrs Giuliana Vitale, would be justified in entering into the written agreement with Anthony Vitale, Giuliana Vitale and Allianz Australia Insurance Limited, a copy of which is annexed to the applicant's affidavit sworn 13 July 2016 and marked "A". 2. Pursuant to s 37AE of the Federal Court of Australia Act 1976 (Cth), the contents behind Tab 9 (pages 151 to 166) to exhibit PL-Y to the affidavit of Paul Leroy sworn 25 July 2016 not be available for inspection by any person except with the leave of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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