Nicols as trustee of the bankrupt estate of Manietta v Manietta, in the matter of Manietta (No 2) [2022] FCA 142

Federal Court of Australia

Nicols as trustee of the bankrupt estate of Manietta v Manietta, in the matter of Manietta (No 2) [2022] FCA 142 File number: NSD 614 of 2020

Judgment of: CHEESEMAN J

Date of judgment: 24 February 2022

Catchwords: PRACTICE AND PROCEDURE – where parties unable to agree on an appropriate limit on the value of assets to be restrained by freezing orders – where freezing orders sought by the Bankruptcy Trustee were unlimited as to the value of assets to be restrained – where value of assets the subject of restraint likely to exceed the amount necessary to finalise the administration of the bankrupt estate – Held: limited freezing orders and related orders made. COSTS – costs of competing interlocutory applications concerning freezing orders –– where both parties partially successful – whether the circumstances warrant a departure from the ordinary rule as to costs – Held: Bankruptcy Trustee to pay 50% of the costs of the interlocutory applications of the first, second, third, fourth, fifth and sixth respondents.

Cases cited: Nicols as trustee of the bankrupt estate of Manietta v Manietta, in the matter of Manietta [2022] FCA 39

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 36

Date of last submissions: 11 February 2022

Date of hearing: Determined on the papers

Counsel for the Applicant: Mr C Freeman (written submissions only)

Solicitor for the Applicant: Nelson McKinnon Lawyers

Counsel for the Respondents: Mr S White SC with Mr N Condylis (written submissions only)