Riva NSW Pty Limited v Official Trustee in Bankruptcy [2019] NSWCA 186

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riva NSW Pty Limited v Official Trustee in Bankruptcy [2019] NSWCA 186 Hearing dates: 17 July 2019 Date of orders: 31 July 2019 Decision date: 31 July 2019 Before: Bell P at [1]; Emmett AJA at [2] Decision: 1. Leave to appeal refused 2. Riva to pay the Official Trustee's costs of the application for leave Catchwords: LEAVE TO APPEAL – whether the issues raised in the applicant's statement of claim amounted to a re-litigation of issues dealt with in the earlier proceedings – whether the applicant's allegation that the Official Trustee had acted in fraudulent disregard of its duty as trustee had no prospects of success – applicant's failure to identify property said to be subject of the constructive trust binding the Official Trustee. Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agusta Pty Ltd & Ors as trustees for the Cavallino Unit Trust v The Official Trustee in Bankruptcy as trustee of the bankrupt estates of Gustavo Ferella and Angelo Ferella [2008] NSWSC 685 Agusta Pty Ltd v Official Trustee in Bankruptcy as Trustee of Estates of Gustavo Ferella and Angelo Ferella [2009] NSWCA 129 Banque Commercial SA v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 1 Ferella v Official Trustee in Bankruptcy (No 2) [2011] FCA 619 Ferella v Official Trustee in Bankruptcy [2013] FCAFC 43 Riva NSW Pty Limited v Official Trustee in Bankruptcy [2017] FCA 188 Riva NSW Pty Ltd v The Official Trustee in Bankruptcy [2019] NSWSC 49 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Texts Cited: Nil Category: Principal judgment Parties: Riva NSW Pty Limited (Applicant) Official Trustee in Bankruptcy (Respondent) Representation: Counsel: R K Newton (Applicant) T Lynch SC (Respondent)