Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
A.F.I. Management Pty Ltd v Condon in his Capacity as Trustee of the Bankrupt Estate of Brian Keith Hones [2019] FCA 2012 File number: NSD 1679 of 2019
Judge: PERRAM J
Date of judgment: 29 November 2019
Catchwords: BANKRUPTCY AND INSOLVENCY – application to commence and continue to prosecute proceeding in Supreme Court of New South Wales – where defendant in Supreme Court proceeding discharged from bankruptcy after filing – whether claims in Supreme Court proceeding in respect of provable debts – where indemnity for claims against defendant vested in Respondent as trustee in bankruptcy – where gap between cover level of indemnity and amount claimed in Supreme Court proceeding
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 82, 117, 153
Cases cited: Tarea Management (North Shore) Pty Ltd (in liq) v Glass (1991) 28 FCR 93
Date of hearing: Determined on the papers
Date of last submissions: 21 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicant: Mr S Wells and Mr J R Anderson
Solicitor for the Applicant: Hedges Bhatty Solicitors
Solicitor for the Respondent: Matthews Folbigg Lawyers
ORDERS NSD 1679 of 2019
BETWEEN: A.F.I. MANAGEMENT PTY LTD Applicant
AND: SCHON GREGORY CONDON IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF BRIAN KEITH Respondent
JUDGE: PERRAM J DATE OF ORDER: 29 NOVEMBER 2019
THE COURT ORDERS THAT:
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