Recent Cases

Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143 (12 August 2021) (Allsop CJ, Markovic, Derrington, Colvin and Anastassiou JJ)


BANKRUPTCY AND INSOLVENCY – application by trustee for leave to appeal from decision of Federal Circuit Court – where Circuit Court set aside sequestration order and dismissed creditor’s petition on review of registrar’s decision – where Circuit Court dismissed trustee’s application for orders for payment of remuneration, costs and expenses of trustee in administering former bankrupt estate – consideration of nature and extent of power pursuant to s 104(3) of Federal Circuit Court of Australia Act 1999 (Cth) – whether Circuit Court has discretionary power to both set aside sequestration order and annul bankruptcy on review of decision by registrar – whether other source of power to order remuneration of trustee when creditor’s petition dismissed – whether Circuit Court had jurisdiction to hear interim application for remuneration orders after creditor’s petition dismissed – application for leave to appeal allowed – appeal allowed

PRACTICE AND PROCEDURE – consideration of nature of delegated federal judicial power exercised by registrar – consideration of nature of de novo review by judge of registrar’s decision