Quin v Bitcon [2020] FCA 1065

FEDERAL COURT OF AUSTRALIA

Quin v Bitcon [2020] FCA 1065 File number: VID 1400 of 2019

Judge: STEWARD J

Date of judgment: 28 July 2020

Catchwords: BANKRUPTCY AND INSOLVENCY – application for declaration that surplus funds from sale of property vest in trustee in bankruptcy – where bankrupt involved in domestic building dispute and charged and found guilty of causing criminal damage to property – where restraining order made over property owned by bankrupt – where compensation order awarded in favour of first respondent and partly discharged through garnishing money from bankrupt's bank account – where restraining order varied to allow mortgagee to enforce security rights and sell property – where orders made to disburse sale proceeds in payment of costs incurred in sale of property, in payment of monies owing to mortgagee, and also in payment of remaining amount owing under compensation order – where order made to pay 'Residual Surplus Funds' following sale of property into Domestic Building Fund pending resolution of domestic building dispute – where V.C.A.T. found in favour of respondent in domestic building dispute – where estate of Bankrupt sequestrated and applicant appointed trustee – where property sold and proceeds paid to mortgagee, to first respondent in satisfaction of compensation order, leaving Residual Surplus Funds – where Residual Surplus Funds held by V.C.A.T. – whether Residual Surplus Funds formed part of bankrupt's estate pursuant to s. 58 of Bankruptcy Act 1966 (Cth.) following satisfaction of restraining order and compensation order

Legislation: Bankruptcy Act 1966 (Cth.) ss. 5, 27, 29, 30, 31, 58, 58A, 60, 82, 116 Confiscation Act 1997 (Vic.) ss. 15, 18 Domestic Building Contracts Act 1995 (Vic.) ss. 1, 4, 53, 57, 124 Family Law Act 1975 (Cth.) s. 79 Sentencing Act 1991 (Vic.) s. 86 Explanatory Memorandum, Domestic Building Contracts and Tribunal Bill 1995 (Cth.) Explanatory Memorandum, Licensing and Tribunal (Amendment) Bill 1998 (Cth.)