All over a rooster

A bankrupt who claimed that noise attributed to her unauthorised rooster was in fact made by her peacock, which was disturbed by someone pulling feathers from a kookaburra, has been declared a vexatious litigant by the Federal Court. In earlier proceedings, a NSW court had verified the identity of a rooster on her property as […]

Liquidator disciplinary decision

A decision of a tribunal in Australia gives some insight into the insolvency practitioner discipline processes introduced in 2017, which replaced, in corporate insolvency, a more formal hearing type process. A liquidator’s registration was cancelled by a discipline committee convened under the Corporations Act 2001 which then sought to have its reasons for decision published.[1] […]

Bankrupt’s continued liability for costs

A court has refused parties’ request to retrospectively make an order for costs to avoid the consequences of a time limitation in bankruptcy. An order by a court that a person pay costs is a provable debt in that person’s bankruptcy only if the order is made before the date of the bankruptcy, even if […]

Winding up a company for a $1,000 debt

” … the issue of proportionality between the amount of indebtedness and the deployment of an application to wind up a debtor company is one for the creditor and liquidator. Absent the prospect of an abuse of the court’s processes, the issue of proportionality is not a relevant consideration for the court in the determination […]

Murrays Legal closes on 31 December 2019 and reopens on 1 January 2020

As to which, readers will be aware that “[t]he beginning of a day is nothing but the end of the day before, and the end of the day is nothing but the beginning of the next …”: Prowse v McIntyre [1961] HCA 789; and “[t]hus all beginnings of days and all ends of days fall […]

Disclaimer of litigation funding agreement

While a trustee was ready to continue the bankrupt’s litigation claim, he was not willing to use the bankrupt’s litigation funder with its premium of over 80% and control over the proceedings.  The court allowed the trustee to disclaim the agreement. Before his bankruptcy, Mr Tonner had secured litigation funding with a funder – GT […]

Equitable fraud on creditors – bankruptcy composition set aside

Among several grounds for setting aside a composition between a bankrupt and his creditors under the Bankruptcy Act was ‘equitable fraud’. It had emerged in evidence that the bankrupt, Mr Zappia, ‘had made representations to a number of creditors that if and when he rehabilitated himself he would be aiming to repay the money he […]

Boensch v Pascoe – High Court’s decision

The seven member bench of the High Court which heard Boensch v Pascoe on 11 October 2019 has unanimously dismissed Boensch’s appeal [Boensch v Pascoe [2019] HCA 49] finding that on the making of the sequestration order, the debtor’s right of indemnity in the Rydalmere property held on trust by him for his family vested […]

Halifax – no reason why the NZ High Court should not physically sit in Australia …

The on-going matter of the Halifax liquidation came before Justice Jacqueline Gleeson in the Federal Court of Australia (FCA) on 18 December 2019, and jointly, before Justice Geoffrey Venning of the High Court of New Zealand (NZHC), by video-link. The intermingled nature of the assets and liabilities of Halifax AU and Halifax NZ has prompted […]