Rambaldi (Trustee) v Meletsis, in the matter of the bankrupt estate of Karas (No 4) [2022] FCA 1516

Federal Court of Australia

Rambaldi (Trustee) v Meletsis, in the matter of the bankrupt estate of Karas (No 4) [2022] FCA 1516 File number(s): VID 1279 of 2017

Judgment of: O'CALLAGHAN J

Date of judgment: 16 December 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – interim receivers – where freezing orders had been made against the defendants – where plaintiffs had been appointed as interim receivers and managers of properties controlled by the defendants – application by defendants to set aside orders appointing plaintiffs as interim receivers and managers – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 57

Cases cited: Australian Securities and Investments Commission, re Richstar Enterprises Pty Ltd v Carey (No 3) [2006] FCA 433; (2006) 232 ALR 577 Rambaldi (Trustee) v Meletsis (2022) 157 ACSR 652; [2022] FCA 73 Woods v Harrison, re Telco Service Holdings Pty Ltd (in liq) [2017] FCA 732

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 52

Date of hearing: 5 December 2022

Counsel for the Plaintiffs: Mr SJ Maiden KC with Mr AA Segal

Solicitor for the Plaintiffs: Frenkel Partners

Counsel for the Defendants: Mr M Galvin KC with Mr J Schulz

Solicitor for the Defendants: D E Phillips Solicitor

ORDERS VID 1279 of 2017 IN THE MATTER OF THE BANKRUPT ESTATE OF TOM KARAS BETWEEN: GESS MICHAEL RAMBALDI IN HIS CAPACITY AS THE JOINT TRUSTEE OF THE BANKRUPT ESTATE OF TOM KARAS First Plaintiff