FEDERAL COURT OF AUSTRALIA
Coshott v Coshott [2013] FCA 156
IN THE FEDERAL COURT OF AUSTRALIA | |
| First Applicant LJILJANA COSHOTT Second Applicant ROBERT GILBERT COSHOTT First Respondent JOHN CHRISTOPHER BURKE Second Respondent JOHN CHRISTOPHER BURKE AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A BANKRUPT Cross-Claimant | |
AND: | First Cross-Respondent LJILJANA COSHOTT Second Cross-Respondent ROBERT GILBERT COSHOTT Third Cross-Respondent SCHILOTSZKY'S NOMINEE COMPANY PTY LIMITED Fourth Cross-Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The Official Trustee be substituted for John Christopher Burke as second respondent and cross-claimant in proceedings NSD 1412 of 2009.
THE COURT DIRECTS THAT:
2. The solicitors for the former trustee notify the Official Trustee, within three working days, of the change of party in those proceedings.
3. The matter be listed for further directions at 9:30 am on 8 March 2013.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 1412 of 2009 |
BETWEEN: | JAMES COSHOTT First Applicant LJILJANA COSHOTT Second Applicant ROBERT GILBERT COSHOTT First Respondent JOHN CHRISTOPHER BURKE Second Respondent JOHN CHRISTOPHER BURKE AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A BANKRUPT Cross-Claimant
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AND: | JAMES COSHOTT First Cross-Respondent LJILJANA COSHOTT Second Cross-Respondent ROBERT GILBERT COSHOTT Third Cross-Respondent SCHILOTSZKY'S NOMINEE COMPANY PTY LIMITED Fourth Cross-Respondent
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JUDGE: | BUCHANAN J |
DATE: | 25 FEBRUARY 2013 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 Earlier this morning, I made orders the effect of which was to accept the resignation of the second respondent/cross-claimant as trustee of the bankrupt estate of the first respondent/third cross-respondent. I did not appoint another trustee in substitution. The effect of s 160 of the Bankruptcy Act 1996 (Cth) is that the Official Trustee is, by force of that section, now the trustee of the estate. I order that the Official Trustee be substituted for John Christopher Burke as second respondent and cross-claimant in proceedings NSD 1412 of 2009.
2 I direct that the solicitors for the former trustee notify the Official Trustee, within three working days, of the change of party in those proceedings.
3 I list that matter for further directions at 9:30 am on 8 March 2013.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Buchanan. |
Associate:
