Wengel (Trustee), in the matter of Maroon, a bankrupt [2024] FCA 921

Federal Court of Australia

Wengel (Trustee), in the matter of Maroon, a bankrupt [2024] FCA 921 File number(s): NSD 891 of 2024

Judgment of: NESKOVCIN J

Date of judgment: 15 August 2024

Catchwords: BANKRUPTCY – administration of bankrupt estate – bankrupt a plaintiff in a proceeding in the Supreme Court of New South Wales – proceeding stayed by operation of plaintiff's bankruptcy – applicant required to make election as to whether or not to prosecute or discontinue the proceeding – application for an extension of time within which to make election – exercise of Court's discretion – application granted

Legislation: Bankruptcy Act 1966 (Cth) ss 30(1)(b), 33(1)(c), 60(3)

Cases cited: Abeyratne v Trkulja (1998) 90 FCR 253 Aquamore Credit Equity Pty Ltd v Maroon (No 2) [2024] FCA 14 Aquamore Credit Equity Pty Ltd v Maroon [2023] FCA 1399 Newman v Bain (2013) 213 FCR 370; [2013] FCA 558

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 31

Date of hearing: 15 August 2024

Solicitor for the Plaintiff: Mr S Mullette of Matthews Folbigg Lawyers

ORDERS NSD 891 of 2024 IN THE MATTER OF THE BANKRUPT ESTATE OF NADIA MAROON SEAN WENGEL IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF NADIA MAROON Plaintiff

order made by: NESKOVCIN J DATE OF ORDER: 15 August 2024

THE COURT ORDERS THAT:

1. Pursuant to ss 30(1)(b) and 33(1)(c) of the Bankruptcy Act 1966 (Cth), for the purposes of s 60(3) of the Bankruptcy Act, the time by which the plaintiff may make an election in respect of Supreme Court of New South Wales proceeding number 2021/00293487 is extended to Friday, 29 November 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.