Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trustee of the property of Diamond v Diamond Family Investments Pty Ltd, in the matter of Diamond (Bankrupt) [2024] FCA 18 File number(s): QUD 19 of 2023
Judgment of: MEAGHER J
Date of judgment: 18 January 2024
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – whether the applicant can establish a prima facie case – whether the respondent has a reasonable prospect of success – where trustee contends that there is an unpaid trust distribution owing to bankrupt – where respondent denies that it is liable to pay the unpaid trust distribution to the trustee – where financial statements are inconsistent with respondent's defence – summary judgment granted in favour of the applicant
Legislation: Corporations Act 2001 (Cth) s 1305(1) Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Jefferson Ford Pty Ltd v Ford Motor Co of Australia Ltd (2008) 167 FCR 372 Nyoni v Chee Koon Hee (No 4) [2013] FCA 948 Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65 Spencer v Commonwealth (2010) 241 CLR 118 White Industries Aust Pty Ltd v Commissioner of Taxation (2007) 160 FCR 298
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 52
Date of hearing: 8 November 2023
Counsel for the Applicant: Mr S Rubinstein
Solicitor for the Applicant: Merton Lawyers
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