Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Sampson (Trustee) v Zaki, in the matter of Van Vlijmen (No 2) [2024] FCA 1175 File number(s): NSD 947 of 2023
Judgment of: GOODMAN J
Date of judgment: 11 October 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – application under s 100-5 of the Insolvency Practice Schedule (Bankruptcy), being Schedule 2 to the Bankruptcy Act 1966 (Cth) for the approval of the assignment of rights to sue – whether to rights to sue which vested in a trustee in bankruptcy under s 58 of the Act are rights to sue conferred on the trustee under the Act for the purposes of s 100-5 – whether one of the causes of action sought to be assigned had no prospects of success – application granted PRACTICE AND PROCEDURE – application to re-open – exercise of discretion – overarching purpose – no satisfactory explanation for failure to adduce evidence earlier – application refused, to the extent that it was opposed
Bankruptcy Act 1966 (Cth), ss 5, 58, 120, 121, 134, 135, 161; Sch 2, ss 1-1, 5-16, 100-5 Corporations Act 2001 (Cth), Sch 2 Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Insolvency Law Reform Act 2016 (Cth) Federal Court Rules 2011 (Cth), r 1.32
Carey v Freehills [2013] FCA 954; (2013) 303 ALR 445 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Citicorp Australia Ltd v Official Trustee in Bankruptcy [1996] FCA 1115; (1996) 71 FCR 550 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 250 CLR 503 Fisk v Chief of Defence Force [2017] FCA 1489 Cases cited: Frigger v Trenfield (No 7) [2020] FCA 1740 Macks as Trustee of the Bankrupt Estate of Lee v Lee [2021] FedCFamC2G 249; (2021) 365 FLR 137 Matson v Attorney-General (Cth) [2021] FCA 161 Sampson in his capacity as trustee of the bankrupt estates of Van Vlymen v Agrinova Pty Ltd [2022] FCA 529 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Unal v Cetinkaya [2015] FCA 270
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