NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: John Emmanuel Rose v Meriton Apartments Pty Ltd and anor [2006] NSWIRComm 298
APPLICANT: John Emmanuel Rose
PARTIES: FIRST RESPONDENT: Meriton Apartments Pty Ltd
SECOND RESPONDENT: Owners Corporation SP 56443
FILE NUMBER(S): IRC 2131 of 2005
CORAM: Marks J
CATCHWORDS: Unfair contract - applicant not party to contract as required by s 108 – applicant undischarged bankrupt – trustee elected in writing to prosecute proceedings – trustee assigned chose in action to bankrupt applicant – whether trustee's election was valid – principle of stare decidendi- whether applicant had standing as per s 108. HELD: Applicant not party to contract under s 108 – s 106 proceedings constitute after acquired property – purported assignment to applicant a nullity - body of English authorities do not have regard to total circumstances - trustee's purported election ineffective - s 106 proceedings a nullity – inability to amend proceedings which are a nullity - proceedings dismissed – costs reserved.
LEGISLATION CITED: Bankruptcy Act 1966 Industrial Relations Act 1996
Baker v Sheridan and anor [2005] NSWCA 408 Brien v P and E Phontos Pty Ltd (in the Estate of Metchler) [1999] FCA 1072 Byers v Overton Investment Pty Ltd [2001] FCA 760 Citicorp Australia Ltd v Offical Trustee in Bankruptcy (1996) 141 ALR 667 Cole v Challenge Bank Limited [2002] FCAFC 200 Cook v Cook (1986) 162 CLR 376 Cotterill v Bank of Singapore (Australia) Ltd (1995) 37 NSWLR 238 Daemar v Industrial Commission of New South Wales (1988) 79 ALR 591 Gough and Gilmore Holdings Pty Ltd v Caterpillar of Australia [2001] NSWIRComm 92 CASES CITED: Jambrecina v Official Trustee in Bankruptcy [2003] FCA 1352 Kitson v Hardwick (1872) LR 7 CP 473 Michail Distribution Service Pty Ltd v Australia Post [2004] NSWIRComm 235 Nguyen Exparte Official Trustee in Bankruptcy (1992) 107 ALR 424 Pascoe v Official Trustee in Bankruptcy [2006] FMCA 1099 (16 August 2006) Ramsey v Hartley (1977) 1 WLR 686 Re Bankrupt Estate of Cirillo Exparte Official Trustee in Bankruptcy (1996) 136 ALR 607 Robyn Smith v Chevelle Development Pty Ltd t/as Snowden Parkes Real Estate Agents and anor [2005] NSWIRComm 109 Temsign Pty Ltd v Biscen Pty Ltd (1998) 157 ALR 83 Voskuilen v Morisset Mega Markets [2005] NSWSC 34
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate