Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aravanis (Trustee) v Twin Investors Pty Ltd, in the matter of the Bankrupt Estate of Kapp [2020] FCA 876 File number: NSD 853 of 2019
Judge: JAGOT J
Date of judgment: 19 June 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – interlocutory application – application for release of funds for the purpose of the respondents defending the proceedings – where no security proffered – where no evidence to disclose whether respondent is in possession of any asset which would enable security to be provided – contrary to the interests of justice to release funds which would otherwise be available to creditors – application dismissed
Date of hearing: 19 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 7
Counsel for the Applicant: A Combe
Solicitor for the Applicant: O'Neill Partners - Commercial Lawyers
Counsel for the First Respondent: No appearance
Counsel for the Second Respondent: The Second Respondent appeared in person
ORDERS NSD 853 of 2019 IN THE MATTER OF THE BANKRUPT ESTATE OF PHILIP JAMES KAPP BETWEEN: ANDREW ARAVANIS & ALEXANDER CLARK AS TRUSTEES IN BANKRUPTCY OF THE BANKRUPT ESTATE OF PHILIP JAMES KAPP Applicant
AND: TWIN INVESTORS PTY LTD ACN 608 534 505 AS TRUSTEE FOR THE TWIN TRUST First Respondent
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