Rambaldi v Meletsis, in the matter of Karas (Bankrupt) [2018] FCA 791

FEDERAL COURT OF AUSTRALIA

Rambaldi v Meletsis, in the matter of Karas (Bankrupt) [2018] FCA 791 File number: VID 1279 of 2017

Judge: DAVIES J

Date of judgment: 1 August 2018

Catchwords: TRUSTS AND TRUSTEES – interlocutory application – where trustees of bankrupt estate acquired causes of action from liquidator and company by deed of assignment - where trustees sued on assigned causes of action - whether trustees had power to acquire assigned claims – whether trustees justified in acquiring assigned claims STATUTORY INTERPRETATION – trustees' powers under the Bankruptcy Act 1966 (Cth) - scope of "property of the bankrupt" as defined in s 5 – power exercisable by trustee derived under s 134 to acquire "property divisible among the bankrupt's creditors" – whether assigned claims became "property of the bankrupt" within terms of s 58(1) and s 116(1)(a) – meaning of after-acquired property of the bankrupt within terms of s 58(1) and s 116(1)(a) – meaning of "arise out of" and "incident" of property of the bankrupt within terms of s 5 PRACTICE AND PROCEDURE – creditor's application to intervene on limited basis

Legislation: Bankruptcy Act 1966 (Cth) Companies Act 1938 (Vic)

Cases cited: Adsett v Berlouis (1992) 37 FCR 201 CGU Insurance Limited v One.Tel Limited (in liquidation) and Others (2010) 242 CLR 174 Clyne v Andrew (1984) 1 FCR 169 Mannigel v Aitken (1983) 77 FLR 406 Re Bairnsdale Food Products Ltd [1948] VLR 264 Re Barton (1980) 43 FLR 245 Re Movitor Pty Ltd (in liquidation) (1996) 64 FCR 380 Re Skender; ex parte Trevor (1996) 67 FCR 441 Roncevich v Repatriation Commission (2005) 222 CLR 115