Federal Court of Australia
Federal Court of Australia
Scott (Trustee) v Maher, in the matter of bankrupt estate of Maher [2024] FCA 831 File number(s): VID 214 of 2023
Judgment of: NESKOVCIN J
Date of judgment: 30 July 2024
Catchwords: PRACTICE AND PROCEDURE – where partnership dissolved upon bankruptcy of bankrupt partner – trustee in bankruptcy commenced proceedings for sale of properties – where separate application to appoint a receiver to assets of partnership – whether jurisdiction to appoint a receiver – whether a single justiciable controversy BANKRUPTCY – where partnership dissolved upon bankruptcy of bankrupt partner – where solvent partner sought the appointment of a receiver – whether just or convenient to appoint a receiver – application granted
Legislation: Bankruptcy Act 1966 (Cth) s 27 Federal Court of Australia Act 1976 (Cth) s 57 Partnership Act 1958 (Vic) s 37
Cases cited: In the matter of Lorebray Pty Ltd (No 2) [2024] NSWSC 105 Moloney v Piachniarski [2004] WASC 240; 51 ACSR 564 Rana v Google Inc [2017] FCAFC 156; 254 FCR 1 Re Wakim; Ex parte McNally [1999] HCA 27; 198 CLR 511 Ruhe (Trustee), in the matter of Babuc (Bankrupt) v Babuc [2021] FCA 1205 Turner v Gorkowski [2014] VSCA 248; 46 VR 609 Wimpole Properties Pty Ltd v Beloti Pty Ltd [2011] VSC 7
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