Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569

Federal Court of Australia Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569 File number: NSD 1690 of 2019

Judgment of: WIGNEY J

Date of judgment: 17 December 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – application by bankrupt for orders pursuant to s 90-10 and s 90-15 of Schedule 2 – Insolvency Practice Schedule (Bankruptcy) to the Bankruptcy Act 1966 (Cth) including orders for the trustee to compensate the bankrupt estate for alleged breaches of trustee's duty – whether there were substantial grounds for believing, or whether there were grounds for finding, that the trustee committed malfeasance, misfeasance, wilful default or breach of trust in the administration of bankrupt's estate – where no grounds for believing that the trustee committed any breach of duty such as to warrant an inquiry into the administration of the estate – where the evidence did not support any finding of malfeasance, misfeasance, wilful default or breach of trust in the administration of bankrupt's estate or any basis to support the making of the orders sought – application dismissed PRACTICE AND PROCEDURE – interlocutory application to reopen case – where evidence and no proper basis demonstrated for permitting applicant to amend his pleadings, or adduce further evidence, or make further submissions – where application to reopen based on speculation and an apparent desire to investigate and construct a new case – application dismissed

Legislation: Bankruptcy (Fees and Remuneration) Determination 2015 (Cth) Bankruptcy Act 1966 (Cth), s 19(1), 179, Sch 2 ss 5-15(a), 5-30(a)(i), 90-10, 90-15, 90-20 Civil Dispute Resolution Act 2011 (Cth), s 7 Evidence Act 1995 (Cth), s 136 Federal Court Rules 2011 (Cth), r 5.03