Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barnet (Trustee), in the matter of Zhang (Bankrupt) v Zhang [2017] FCA 924 File number: NSD 1093 of 2017
Judge: LEE J
Date of judgment: 2 August 2017
Catchwords: BANKRUPTCY – administration of bankrupt estate – failure of bankrupt to lodge a statement of affairs – application by trustee to distribute dividend from bankrupt estate as if bankrupt had lodged a statement of affairs PRACTICE AND PROCEDURE – removal of parties – where respondent named but is not a necessary party to proceedings
Legislation: Bankruptcy Act 1966 (Cth), ss 54(1), 146 Federal Court Rules 2011 (Cth), r 9.08
Cases cited: Official Trustee in Bankruptcy, in the matter of Shaw [1999] FCA 968 Re Sturt; Ex parte Official Trustee in Bankruptcy [2001] FCA 1649; (2001) 117 FCR 1 Roufeil (Trustee), in the matter of Jarvie (Bankrupt) [2015] FCA 232 Sampson (Trustee), in the matter of Condon (Bankrupt) [2016] FCA 312
Date of hearing: 2 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: Mr S Golledge
Solicitor for the Applicant: Hall & Willcox
Counsel for the Respondent: The Respondent did not appear
ORDERS NSD 1093 of 2017 IN THE MATTER OF THE BANKRUPT ESTATE JAMES ZHANG BETWEEN: KATHERINE ELIZABETH BARNET AS TRUSTEE OF THE BANKRUPT ESTATE OF JAMES ZHANG Applicant
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