Storry v Clout [2024] FCA 1274

Federal Court of Australia Storry v Clout [2024] FCA 1274 File number:

Judgment of: RANGIAH J

Date of judgment: 7 November 2024

BANKRUPTCY AND INSOLVENCY – application by bankrupt for removal of trustee pursuant to s 90-15 of Schedule 2 of the Bankruptcy Act 1966 (Cth) – where applicant alleges that respondent breached trustees' duties by breaching s 116(2), acting in bad faith and in conflict of interest – principles governing removal of trustee in bankruptcy – applicant's application dismissed with costs Catchwords: DISCOVERY – application by applicant for discovery – whether applicant's allegations supported by evidence – whether documents sought relate to live issue – where applicant seeks discovery in fishing exercise – application refused PRACTICE AND PROCEDURE – application by applicant for injunctive relief and order for preservation of property – whether applicant has prima facie case – where applicant's evidence fails to disclose any arguable case – application refused PRACTICE AND PROCEDURE – application by respondent for summary judgment against applicant pursuant to r 26.01(1) of the Federal Court Rules 2011 (Cth) – whether applicant has reasonable prospect of success – whether reasonable cause of action disclosed –summary judgment given against applicant

Bankruptcy Act 1966 (Cth) ss 19, 19(1), 54(1), 60(2), 60(3), 60(4), 116(2), 265(1)(CA), Sch 2 ss 5-15(a), 90-15, 90-15(1), 90-15(2)(b), 90-15(3), 90-20 and 90-20(1)(a) Federal Court of Australia Act 1976 (Cth) s 37M(1) Legislation: Federal Court Rules 2011 (Cth) rr 7.01, 14.11, 17.01(1), 20.11, 26.01(1) and Div 20.2 Agents Financial Administration Act 2014 (Qld) ss 62(3), 100, 112 and 116 Property Occupations Act 2014 (Qld)