Bailey v Boensch [2020] NSWSC 1391

Supreme Court New South Wales

Medium Neutral Citation: Bailey v Boensch [2020] NSWSC 1391 Hearing dates: 25 September 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Equity Before: Parker J Decision: See at [67]-[68] Catchwords: CIVIL PROCEDURE — discontinuance of proceedings — leave of court — claim by bankruptcy trustees against a bankrupt — where real property held on trust by the bankrupt allegedly passed to the bankruptcy trustees by reason of right of indemnity out of assets of trust — bankruptcy trustees' appointment challenged in unresolved proceedings in Federal Court — defendant self-represented and not entitled to recover costs of work on proceedings — priority costs order already made — application refused Legislation Cited: Bankruptcy Act 1966 (Cth), ss 58, 90, 120, 121 Real Property Act 1900 (NSW), ss 74M, 74O, 74P, 90, 122, 123 Cases Cited: Boensch v Pascoe (2019) 94 ALJR 112 Coshott v Crouch [2018] NSWSC 853 Kyriackou v Shield Mercantile Pty Ltd (No 2) [2004] FCA 1338 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Wickham Hill Investment Pty Ltd v Ding [2019] NSWSC 631 Category: Procedural and other rulings Parties: Liam Thomas Bailey and Christopher John Palmer as Trustees of the property of Franz Boensch, a bankrupt (Plaintiffs) Franz Boensch (Defendant) Representation: Counsel: J Treherne (Plaintiffs)