Federal Court of Australia
Federal Court of Australia
Thompson v Lane [2024] FCA 1234 File number(s): QUD 447 of 2023
Judgment of: COLLIER J
Date of judgment: 24 October 2024
Catchwords: BANKRUPTCY – applicant discharged from bankruptcy – application for trustee to cease acting – administration of bankrupt estate ongoing – further relief seeking full and frank disclosure – duties of trustee – duty to inform – alleged improper payment out of administration account
Legislation: Bankruptcy Act 1966 (Cth) ss 19, 149, 152, 178, sch 2, div 45-1, 42-60, 65-25, 70-56 Insolvency Practice Rules (Bankruptcy) 2016 (Cth) ss 42-60, 70-17(5)
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 80 ALJR 1672; 229 ALR 457 D'orta-Ekenaike v Victoria Legal Aid & Anor (2005) 214 ALR 92 Daemar v Industrial Commission of New South Wales and Anor (No 2)(1990) 22 NSWLR 178 Hudson Jnr v Whalan and Anor [1998] FCA 1064 McGoldrick v Official Trustee in Bankruptcy (1993) 47 FCR 547 Oshlack v Richmond River Council [1998] HCA 11; (1997) 152 ALR 83 Pegler v Dale [1975] 1 NSWLR 265 Re Balhorn; Ex parte Balhorn and Official Trustee (1981) 39 ALR 223 Storry v Weir (No 2)[2022] FCA 1360 Thompson v Lane (Trustee) (No 3) [2022] FCA 128 Thompson v Lane (Trustee) [2023] FCAFC 32 Trkulja v Morton (No 2) [2005] FCA 1044 CCH Australian Bankruptcy Law and Practice
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