Federal Court of Australia
Federal Court of Australia
Khan (Trustee) v Lo Pilato (Australian representative of the trustee of Bankrupt Estate of Farouk) [2023] FCA 736 File number: QUD 240 of 2023
Judgment of: DERRINGTON J
Date of judgment: 9 June 2023
Date of publication of reasons: 30 June 2023
Catchwords: PRACTICE AND PROCEDURE – application to vary orders pursuant to r 39.05(5) of the Federal Court Rules 2011 (Cth) – whether orders were interlocutory or final – whether application should be considered as one to be relieved from undertaking – application refused TRUSTS AND TRUSTEES – application by director of trustee company to have recourse to trust assets for expenses of public examination – trust insolvent and liabilities substantially exceeded assets – whether existence of former trustee's right of indemnity from assets has the consequence that no assets remain held on trust
Legislation: Federal Court Rules 2011 (Cth) Limitation of Actions Act 1974 (Qld) Trusts Act 1973 (Qld)
Cases cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth (2019) 268 CLR 524 Lane v Deputy Commissioner Taxation [2017] 253 FCR 46 Law of Limitation, GE Dal Pont, 2016 LexisNexis, Ch 17
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 30
Date of hearing: 9 June 2023
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