Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) [2017] FCA 344 File number: VID 517 of 2016
Judge: MOSHINSKY J
Date of judgment: 4 April 2017
Catchwords: BANKRUPTCY – trustees – application for inquiry into conduct of trustee under s 179 of Bankruptcy Act 1966 (Cth) – where trustee in bankruptcy obtained warrant of possession addressed to sheriff – where bankrupt alleged that sheriff did not serve warrant of possession when taking possession of property – whether sufficient grounds to order an inquiry
Legislation: Bankruptcy Act 1966 (Cth), ss 154(1)(b), 178, 179 Federal Circuit Court of Australia Act 1999 (Cth), ss 78(2), 99(1)(b), 106, 108 Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Insolvency Law Reform Act 2016 (Cth), Sch 1, Pt 3 Federal Circuit Court Rules 2001 (Cth), r 25B.22 Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 66.03, 25B.05, 29.11(1)
Cases cited: Ferella v Official Trustee in Bankruptcy (2010) 188 FCR 68 Macchia v Nilant (2001) 110 FCR 101 Official Receiver v Todd (1986) 14 FCR 177 Ozdil v Vrsecky (Trustee) [2016] FCA 881 Re Alafaci; Registrar in Bankruptcy v Hardwick (1976) 9 ALR 262 Szepsevary v Weston [2016] FCA 91 Szepesvary v Weston (No 2) [2016] FCA 535 Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) [2016] FCA 1464 Turner v Official Trustee in Bankruptcy [1998] FCA 1558
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