Fokas v Mansfield [2017] NSWCA 231

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fokas v Mansfield [2017] NSWCA 231 Hearing dates: 4 September 2017 Date of orders: 04 September 2017 Decision date: 04 September 2017 Before: White JA Decision: 1. Order that the applicant's notice of motion filed on 22 August 2017 be dismissed.

2. Order that the applicant pay the first and second respondents' costs of the notice of motion.

3. Make no order as to costs in respect of the third respondent. Catchwords: BANKRUPTCY – administration of property – trustee in bankruptcy obtained order for possession of real estate – application for interim injunction – whether sequestration order was made – whether order for possession of property was validly made – whether trustee in bankruptcy can be restrained from exercising powers and functions – consideration of "special federal matter" – no arguable case disclosed – no reasonable prospects of success Legislation Cited: Bankruptcy Act 1966 (Cth) ss 27, 58(1), 116(2)(b) Bankruptcy Regulations 1996 (Cth) rr 6.03, 13.07 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 4, 6 Supreme Court Act 1970 (NSW) s 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW) r 36.16(2)(b) Cases Cited: Baykal v Van Der Velde as Trustee for Bankrupt Estate of Tandogan [2017] NSWSC 36 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Mateljan v HTT Huntley Heritage Pty Ltd [2016] NSWCA 20; (2016) 111 ACSR 277 McGinn v Cranbrook School [2016] NSWCA 226 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174; [2015] FCAFC 70; (2015) 233 FCR 174 Turner v Gorkowski (2014) 46 VR 609; [2014] VSCA 248 Category: Procedural and other rulings Parties: Maria Fokas (Applicant) David Ian Mansfield (1st Respondent) Deloitte Pty Limited (2nd Respondent) Australian Financial Security Authority (3rd Respondent) Representation: Counsel: Self-represented (Applicant) M Dawson (1st Respondent) n/a (2nd Respondent) J Elisher (3rd Respondent)