NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liristis v Gadelrabb [2012] NSWCA 327 Hearing dates: 27 September 2012 Decision date: 27 September 2012 Before: Basten JA Decision: (1) Dismiss the application to dismiss the proceedings as abandoned pursuant to s 60(3) of the Bankruptcy Act. (2) Dismiss the application to have the proceedings struck out for want of prosecution. (3) Direct that the application for leave to appeal be heard separately and apart from the proposed appeal. (4) Grant leave to the respondent to apply to the Registrar as a matter of urgency for leave to issue a subpoena or subpoenas as necessary. (5) Grant leave to the respondent to have the application for leave to appeal listed before the Registrar to set a date for hearing. (6) Liberty to apply to bring the matter back before Basten JA for further hearing of the notice of motion filed 24.08.2012. (7) Dismiss the application to lift the stay made on 20.07.11. (8) Costs in respect of the motion be costs in the leave application. Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: BANKRUPTCY - election by trustee in bankruptcy to prosecute or discontinue legal proceedings - new trustee appointed after service of notice of proceedings on initial trustee - evidence that new trustee did not personally have notice of proceedings - what constitutes notice of proceedings - whether period within which election must be made commences with service on new trustee - whether service on trustee's solicitor constitutes service on trustee - whether service must bring the documents to the notice of the trustee - Bankruptcy Act 1966 (Cth), s 60
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