Kostov (Bankrupt) v Australian Financial Security Authority, in the matter of Kostov [2020] FCA 1105

FEDERAL COURT OF AUSTRALIA

Kostov (Bankrupt) v Australian Financial Security Authority, in the matter of Kostov [2020] FCA 1105 File number: NSD 30 of 2019

Judge: FARRELL J

Date of judgment: 20 July 2020

Date of publication of reasons: 31 July 2020

Catchwords: BANKRUPTCY AND INSOLVENCY –application for annulment of sequestration order – where applicant claims to have been under legal incapacity at the time the costs order was made and unable to participate in assessment of costs leading to establishing the amount of the judgment debt which was the basis of the bankruptcy petition – where applicant failed to establish solvency – where applicant failed to file statement of affairs – order refused BANKRUPTCY AND INSOLVENCY – application by bankrupt for removal of Official Trustee – where improper conduct of Official Trustee not established – where no consent from a qualified trustee to act as new trustee of bankrupt estate – order refused ADMINISTRATIVE LAW – interlocutory application to convert annulment application to a judicial review application – where sequestration order made by a Registrar – where application for extension of time to file application to review Registrar's order under s 35A of the Federal Court of Australia Act 1976 (Cth) dismissed by different Judge – whether decision of single judge capable of judicial review by another Judge of this Court – order refused ADMINISTRATIVE LAW – interim application for judicial review of a decision of Official Trustee to discontinue separate proceedings – where applicant did not identify legal basis of the application – where any application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or the Insolvency Practice Schedule (Bankruptcy) 2016 (Cth) out of time – where any such application would lack merit – application refused. PRACTICE AND PROCEDURE – application to stay delivery of judgment until applicant had an opportunity to view the transcript of final hearing and make written submissions – where applicant failed to appear at final hearing – consideration of the overarching purpose prescribed in s 37M of the Federal Court of Australia Act 1976 (Cth) – application dismissed PRACTICE AND PROCEDURE – application by respondent under r 39.03(2) of the Federal Court Rules 2011 (Cth) – application granted