Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Young v Thomson (Trustee), in the matter of Young (Bankrupt) (No 2) [2017] FCA 8 File number: NSD 1738 of 2016
Judge: FARRELL J
Date of judgment: 17 January 2017
Catchwords: BANKRUPTCY – application under s 178 of the Bankruptcy Act 1966 (Cth) by creditor of bankrupt's estate to set aside a litigation funding agreement entered into by the trustee in bankruptcy or, alternatively, for an inquiry into the conduct of the trustee under s 179 – where applicant former wife of the bankrupt and overwhelming creditor of the bankrupt estate – where trustee involved in multiple pieces of litigation – where trustee unfunded for two years – where no response from creditors to request from trustee for funds – where applicant impecunious – where trustee gave creditors notice of intention to enter into funding agreement – where timeframe for objections five days – whether adequate notice given – whether funding agreement commercial – whether parties to funding agreement understand its terms – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 19, 30, 58(3), 77A, 134, 178, 179 Federal Court of Australia Act 1976 (Cth) s 23, Pt VAA Federal Court Rules 2011 (Cth) r 7.01 Real Property Act 1900 (NSW) s 57(2)(b) Conveyancing Act 1919 (NSW) s 37A Trustee Act 1925 (NSW) s 63
Cases cited: Adsett v Berlouis (1992) 37 FCR 201; [1992] FCA 368 Frost v Sheahan (Trustee) [2009] FCAFC 20 Hacker v Weston [2015] FCA 363 Joanne Elizabeth Young v Josephine Aapa Smith [2015] NSWSC 400 Macchia v Nilant (2001) 110 FCR 101; [2001] FCA 7 Moore v Macks [2007] FCA 10 Patel v Ruhe [2016] FCA 520 Re Wheeler; Ex parte Wheeler v Halse (1994) 54 FCR 166; [1994] FCA 1348 Willoughby v Official Trustee in Bankruptcy [2001] FCA 753 Young v State of New South Wales; Young v Young (No 2) [2013] NSWSC 330 Young v Smith [2016] NSWSC 1051 Young v Smith (No 2) [2015] NSWSC 1267 Young v Thomson (Trustee), in the matter of Young (bankrupt) [2016] FCA 1410
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