De Varda v Scott in his capacity as the trustee of the bankrupt estate of de Varda (Summary dismissal) [2022] FCA 379

Federal Court of Australia

De Varda v Scott in his capacity as the trustee of the bankrupt estate of de Varda (Summary dismissal) [2022] FCA 379 File number(s): NSD 922 of 2021

Judgment of: RARES J

Date of judgment: 18 March 2022

Catchwords: PRACTICE AND PROCEDURE – summary dismissal – Federal Court of Australia Act 1976 (Cth) s 31A(2) – where former bankrupt claims relief against former trustee in bankruptcy – where former bankrupt signed deed after legal advice releasing trustee from liability for any act or default made by trustee in administration of bankrupt estate – where statement of claim unintelligible – where allegations of fraud not pleaded specifically and with particularity – held: proceeding dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 54, 58, 134, 145, 153A, 154, Sch 2, s 90–5 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 Pt 16, rr 16.21, 16.42, 16.43

Cases cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Banque Commerciale SA, En Liquidation v Akhil Holdings Limited (1990) 169 CLR 279 De Varda v Scott in his capacity as the trustee of the bankrupt estate of de Varda (Recusal Application) [2022] FCA 170 McDermott v Black (1940) 63 CLR 161 Price as executor of the estate of Price (dec'd) v Spoor (as trustee) (2021) 391 ALR 532 Scott (Trustee), in the matter of de Varda (Bankrupt) v de Varda [2015] FCA 239 Spencer v The Commonwealth (2010) 241 CLR 118 Tamaya Resources Ltd (in Liq) v Deloitte Touche Tohmatsu (a firm) (2016) 332 ALR 199 The East India Company v Paul (1849) 7 Moo PCC 85 Tov-Lev v Lowbeer (No 2) [2014] FCA 379 Wichmann v Dormway Pty Ltd [2019] 3 Qd R 323