Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cooper (Trustee) v GT Capital Partners Pty Ltd, in the matter of Tonner [2019] FCA 2174 File number: SAD 164 of 2019
Judge: BESANKO J
Date of judgment: 24 December 2019
Catchwords: BANKRUPTCY — application by a trustee in bankruptcy for a declaration that the trustee has validly and effectively disclaimed a funding agreement as an unprofitable contract pursuant to s 133 of the Bankruptcy Act 1966 (Cth) — where trustee purported to disclaim the funding agreement under s 133(1A) of the Bankruptcy Act and served a notice in accordance with reg 6.10 of the Bankruptcy Regulations 1996 (Cth) — where trustee seeks leave to disclaim the funding agreement pursuant to ss 133(5A) and 133(5B) of the Act in the alternative — whether funding agreement is an unprofitable contract — whether leave should be granted to the trustee to disclaim the funding agreement in circumstances where it is not an unprofitable contract
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 127, 129AA, 133 Corporations Act 2001 (Cth) s 568 Evidence Act 1995 (Cth) s 136 Bankruptcy Regulations 1996 (Cth) reg 6.10 Insolvency Practice Rules (Bankruptcy) 2016 (Cth) ss 42-20, 42-60
Cases cited: Adsett v Berlouis [1992] FCA 368; (1992) 37 FCR 201 Ex parte The Trustee in Bastable [1901] 2 KB 518 Global Television Pty Ltd v Sportsvision Australia Pty Ltd (in liq) [2000] NSWSC 960; (2000) 35 ACSR 484 Hindcastle Ltd v Barbara Attenborough Associates Ltd [1997] AC 70; [1996] 1 All ER 737 In the matter of Blue Sennair Air Pty Ltd (in liq); In the matter of Eye Plantain Pty Ltd (in liq) [2016] NSWSC 772 Re ACN 103 753 484 Pty Ltd formerly known as Blue Chip Development Corporation Pty Ltd [2011] QSC 64 Re Middle Harbour Investments Ltd [1977] 2 NSWLR 653; (1976) ACLR 303 Re Real Investments Pty Ltd [1999] QSC 89; (2000) 2 Qd R 555 Re Tulloch Ltd (in liq) (1978) 3 ACLR 808 Sullivan v Energy Services International Pty Ltd (in liq) [2002] NSWSC 937; (2002) 171 FLR 106
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