Federal Court of Australia
Federal Court of Australia
Chenyi Pty Ltd v Vrkic, in the matter of Chen [2025] FCA 78 File number(s): VID 103 of 2023
Judgment of: NESKOVCIN J
Date of judgment: 13 February 2025
Catchwords: BANKRUPTCY AND INSOLVENCY – section 90-15(1) of the Insolvency Practice Schedule (Bankruptcy) – whether trustee in bankruptcy justified in entering into and giving effect to terms of settlement – basis for the exercise of the Court's power under s 90-15 established
Legislation: Bankruptcy Act 1966 (Cth) s 30 Bankruptcy Act 1966 (Cth) Schedule 2, Insolvency Practice Schedule (Bankruptcy) s 90-15 Corporations Act 2001 (Cth) Schedule 2, Insolvency Practice Schedule (Corporations) s 90-15 Federal Court of Australia Act 1976 (Cth) ss 37AF and 37AG
Cases cited: Goyal, in the matter of Cape Technologies Pty Ltd (administrators appointed) [2021] FCA 1654 In the matter of Ansett Australia and Korda (No 3) [2002] FCA 90; 115 FCR 409 Mansfield v Thousand Angeles Island Pty Ltd (in liq), in the manner of Thousand Angeles Island Pty Ltd (in liq) (No 2) [2021] FCA 283 Official Trustee in Bankruptcy v Kent (No 2) [2023] FCA 1396
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 27
Date of hearing: 11 February 2025
Counsel for the Applicant No appearance
Counsel for the Respondent Mr M Rose
Solicitor for the Respondent Longton Legal
ORDERS VID 103 of 2023
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