Frigger v Trenfield
[2023] FCA 1325
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2023-11-02
Before
McEvoy J
Source
Original judgment source is linked above.
Judgment (8 paragraphs)
- Pursuant to s 90-15 of Schedule 2 to the Bankruptcy Act 1966 (Cth), the appointment of Nicholas Giasoumi and Jonathan Jackson as the joint and several special purpose trustees to each of the regulated debtors' estates as set out in Schedule 1 be terminated.
- Pursuant to s 90-15(1) of Schedule 2 to the Bankruptcy Act, the appointment of Joshua Taylor as the special purpose trustees to each of the regulated debtors' estates as set out in Schedule 2 be terminated.
- Pursuant to s 90-15(1) of Schedule 2 to the Bankruptcy Act, Joshua Taylor cease to be the trustee of each of the regulated debtor's estates as set out in Schedule 4 and in his place Mr Peter Andrew Goodin (the applicant) be appointed trustee.
- A copy of this order be served upon each of the regulated debtors set out in Schedule 4 as soon as practicable by way of email communication or alternatively by ordinary pre-paid post.
- Pursuant to r 1.34 of the Federal Court Rules 2011 (Cth) and r 1.04(1) of the Federal Court (Bankruptcy) Rules 2016 (Cth) (the Bankruptcy Rules), compliance with the requirements of rr 8.01(3) and 8.01(4) of the Bankruptcy Rules be dispensed with.
- Pursuant to s 90-15 of Schedule 2 to the Bankruptcy Act, the applicant is not required to perform tasks that are required to be performed by section 70-30 of the Insolvency Practice Rules (Bankruptcy) 2016 (Cth) and which have already been performed by Joshua Taylor with respect to those administrations as set out in Schedule 4.
- Pursuant to s 90-15(1) of Schedule 2 to the Corporations Act 2001 (Cth), the appointment of Nicholas Giasoumi and Shane Deane as joint and several special purpose administrators, deed administrators or liquidators as the case may be to each of the companies as set out in Schedule 3, other than the two companies specified at items 16 and 17 respectively of Schedule 3, be terminated.
- Subject to further order pursuant to s 90-15(1) of Schedule 2 to the Corporations Act, the appointment of Nicholas Giasoumi and Shane Deane as joint and several special purpose liquidators of Dawning Developments Pty Ltd (In liquidation) and Dawning Investments Pty Ltd (In Liquidation) (items 16 and 17 respectively of Schedule 3) be terminated upon the applicant ceasing to be the liquidator of those companies.