| Stratton
v Bowles (No 2) (FCA) - bankruptcy - creditor’s petition
based on Family Court costs order - sequestration order set aside - matter
remitted
|
| In
the matter of Anglican Development Fund Diocese of Bathurst Board (recs and
mgrs apptd) (NSWSC) - corporations - receivers granted
leave to make interim distribution to creditors
|
| Dipic
v Bunning (QCA) - summary dismissal - limitations - application for
leave to appeal to be dismissed if failure to comply with security for costs
order
|
| Kordamentha
Pty Ltd & Calibre Capital Ltd v LM Investment Management Ltd (in liq); Park
& Mullerv Kordamentha Pty Ltd & Calibre Capital Ltd (QSC)
- equity - trusts and trustees - prosecution and defence of proceedings -
directions
|
| Summaries With Link (Five Minute Read) |
Stratton
v Bowles (No 2)
[2015] FCA 43
Federal Court of Australia
Beach J
Bankruptcy - Federal Circuit Court judge
made sequestration order against appellant’s estate on petition of respondent -
Family Court costs order against appellant in respondent’s favour formed basis
for bankruptcy notice - creditor’s petition filed on basis of act of bankruptcy
by non-compliance with notice - appellant sought to challenge costs order - other sufficient cause - s52(2)(b) Bankruptcy Act 1966 (Cth) - relevance of
defamation proceedings in New South Wales - held: primary judge did not
sufficiently analyse effect and significance of appellant’s challenge to Family
Court costs order - primary judge did not fully engage with question whether
there was leave to appeal application which embraced Family Court costs order
and merits of potential challenge - no discussion of adjournment of respondent’s
petition to await outcome of Family Court challenge - sequestration order set
aside - matter remitted for determination.
Stratton
|
In the matter of Anglican
Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 6
Supreme
Court of New South Wales
Black
J
Corporations
- plaintiffs in capacity as receivers and managers sought permission to make
interim distribution to creditors of fund in accordance with distribution
schedule - receivers claimed submitted proof of debt lodged by bank reflected
its judgment debt against fund, that bank’s proof of debt admitted; that issues
remained to be resolved in respect of four other claimants and that receiver proposed
to put aside sufficient funds to pay claimants whose proofs of debt were
deferred if proofs ultimately admitted - ss12CA, 12CB, 12GF & 12GM Australian Securities and Investments
Commission Act 2001 (Cth) - ss180, 181, 182, 420(1), 420(2), 420(2)(k),
423, 536, 1317H & 1321 Corporations
Act 2001 (Cth) - held: Court satisfied receivers’ approach to
identification of persons to whom interim distribution should be made or set
aside pending adjudication of claims was appropriate - leave granted to make interim
distribution subject to condition.
In
the matter of Anglican Development Fund Diocese of Bathurst Board
|
Dipic v Bunning [2014] QCA 338
Court
of Appeal of Queensland
Holmes
JA
Summary
judgment - limitations - security for costs - applicant filed statement of
claim in relation to alleged agreement that he and wife would give respondents money
to help them buy house or land - respondents obtained summary judgment on basis
statement of claim out of time - applicant sought to appeal - primary judge
ordered applicant to pay security for costs - respondents sought to have
application for leave to appeal dismissed - applicant sought to have order for
security set aside or varied so that security did not have to be provided until
police investigation of claims against respondents completed - held: applicant
had limited prospects of success on appeal - no basis to vary or set aside
order for security for costs - Court not prepared to dismiss application for
leave to appeal out of hand - unless applicant complied with order for security
for costs by certain date, application for leave would be deemed to be
dismissed with costs.
Dipic
|
Kordamentha Pty Ltd &
Calibre Capital Ltd v LM Investment Management Ltd (in liq); Park & Mullerv
Kordamentha Pty Ltd & Calibre Capital Ltd [2015] QSC 4
Supreme
Court of Queensland
Martin
J
Equity
- trusts and trustees - two applications under s96 Trusts Act 1973 - application for directions whether or not
proceedings should be brought against respondents - application by first
respondent that if direction sought was given, it should defend proceeding -
statement of facts - service - costs estimate - merits of proposed proceeding -
necessity for leave to proceed against company in liquidation - s471B Corporations Act 2001 (Cth) - held: directions
given in each application with respect to prosecution and defence of proceedings
in accordance with applications.
Kordamentha
Pty Ltd & Calibre Capital Ltd
|
