Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Riva NSW Pty Limited v Official Trustee in Bankruptcy [2017] FCA 188 File number: NSD 1391 of 2015
Judge: PERRY J
Date of judgment: 3 March 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – where claim for damages and other relief against Official Trustee in Bankruptcy – whether trustee in bankruptcy owes fiduciary duties to the bankrupts – alleged breaches of statutory and general law duties of trustee in bankruptcy – alleged breach of duty as a trustee de son tort – alleged conversion of trust property PRACTICE AND PROCEDURE – Application for summary dismissal under Federal Court Act s 31A – principles governing abuse of process – relevance of findings in inquiry proceedings under s 179, Bankruptcy Act, to question whether proceedings an abuse of process - application of state limitations laws as surrogate federal laws in exercise of federal jurisdiction – where claims made are statute barred or barred by analogy – where pleaded case conflicts with duties of a Trustee in Bankruptcy – where no reasonably arguable case
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A Bankruptcy Act 1966 (Cth) ss 19, 58, 116, 179 Judiciary Act 1903 (Cth) s 79 Federal Court Rules 2011 (Cth) r 26.1 Limitation Act 1969 (NSW) ss 14, 23, 47, 48 Real Property Act 1900 (NSW)
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