Mehajer v Weston in his capacity as trustee of the bankrupt estate of Mehajer [2023] FCA 1230

Federal Court of Australia Mehajer v Weston in his capacity as trustee of the bankrupt estate of Mehajer [2023] FCA 1230 File number: NSD 287 of 2020

Judgment of: GOODMAN J

Date of judgment: 18 October 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – application by bankrupt for the replacement of his trustee in bankruptcy – proceeding conducted by reference to eleven grounds said to justify an inquiry into the conduct of the trustee – none of the grounds are such as to warrant an inquiry into the conduct of the trustee – application dismissed

Legislation: Bankruptcy Act 1966 (Cth), ss 5, 19, 102, 139T, 139ZG, 139ZI, 140, 149, 149A, 149D, 149G, 149K, 149Q; Sch 2, ss 75-15, 90-15, 90-20 Income Tax Assessment Act 1936 (Cth), s 175A

Cases cited: Adsett v Berlouis [1992] FCA 549; (1992) 37 FCR 201 Bell v Taylor [2015] FCA 687 Borg v de Vries (Trustee), in the matter of the Bankrupt Estate of David Morton Bertram [2018] FCA 2116 Coshott v Prentice (No 2) [2018] FCAFC 221 Ferella v Official Trustee in Bankruptcy (No 2) [2011] FCA 619 In the matter of Sydney Project Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) and S.E.T. Services Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] NSWSC 881 Macchia v Nilant [2001] FCA 7; (2001) 110 FCR 101 Mannigel v Aitken (1983) 77 FLR 406 Mehajer (Bankrupt) v Weston (Trustee) [2020] FCA 596 Mehajer v Weston in his Capacity as trustee of the Bankrupt Estate of Salim Mehajer [2019] FCA 1713 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) [2017] FCAFC 146; (2017) 253 FCR 403 Patel v Ruhe [2016] FCA 520 Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569 Weston and Inspector-General in Bankruptcy [2022] AATA 1135