Federal Court of Australia
Federal Court of Australia
Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 2) [2023] FCA 846 Appeal from: Cook (Trustee), in the matter of King v King (No.2) [2022] FedCFamC2G 838
File number: QUD 401 of 2022
Judgment of: THOMAS J
Date of judgment: 25 July 2023
Catchwords: PRACTICE AND PROCEDURE – bankruptcy – Notice of Objection to Competency – whether the second appellant has standing to file appeal – where the second appellant's interest are vested in the joint trustees – where the second appellant does not claim any relief – where the second appellant is not appealing any decision as against him – held that the second appellant's appeal not competent
Legislation: Bankruptcy Act 1966 (Cth) Federal Circuit Court Rules 2001 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Conservation Foundation Incorporated v The Commonwealth of Australia (1980) 146 CLR 493 Cirillo v Citicorp Australia Ltd [2004] SASC 293 Cook (Trustee), in the matter of King v King [2022] FedCFamC2G 817 Cook (Trustee), in the matter of King v King (No.2) [2022] FedCFamC2G 838 Harrison (Trustee) v King (Bankrupt) (No 2) [2021] FCCA 2015 Harrison (Trustee) v King (Bankrupt) [2021] FCCA 185 State of Queensland v JL Holdings Pty Limited (1997) 189 CLR 146 Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King [2023] FCA 77
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