Recent Cases

Porter as former trustee of the estates of Ghasemi and Kakhsaz v Ghasemi [2021] FCAFC 144 (12 August 2021) (Allsop CJ, Markovic, Derrington, Colvin and Anastassiou JJ)


BANKRUPTCY AND INSOLVENCY – application by trustee for extension of time to seek leave to appeal from decision of Circuit Court – appeal by trustee from decision of Federal Circuit Court as to trustee’s remuneration – where primary judge on review of registrar’s decision made orders in terms of consent of petitioning creditor and debtors to set aside sequestration orders and dismiss creditor’s petition – where primary judge dismissed trustee’s application as intervener for order for annulment of bankruptcy and made limited orders for payment of trustee’s costs properly and reasonably incurred – consideration of power of Circuit Court to make consequential orders as conferred by s 104(3) of Federal Circuit Court of Australia Act 1999 (Cth) – whether primary judge erred in declining to exercise discretion to order annulment – whether a discretionary power to order annulment upon review of exercise of delegated judicial power unconstitutional – consideration of general approach of Circuit Court for determination of appropriate consequential orders as to trustee’s costs – whether primary judge erred in determining appropriate orders as to trustee’s costs – application for extension of time allowed – leave to appeal granted – appeal dismissed