Yeo (Trustee), in the matter of Trim (Bankrupt) v Trim [2025] FedCFamC2G 1307

FedCFamC2G|2025-08-15

For the reasons set out in this judgment I have decided that the Bankruptcy Notice was invalid and that there has been no relevant act of bankruptcy.
It follows that the creditor's petition must be dismissed and any sequestration order set aside.
I will hear the parties, including the interested party, Mr Quin, on the question of costs. I invite any party seeking costs in relation to this proceeding to file and serve on all other parties, within 14 days of this judgment, a written submission (not exceeding 5 pages) in support of their application. Such submission may include a schedule of costs claimed and should address the court on the basis the court should adopt in ordering costs (if any).
A party against whom costs are sought may file and serve on all other parties a reply (not exceeding 3 pages) within 28 days of this judgment.
Upon receipt of any applications for costs and any submissions in reply, I will determine the applications on the papers unless I consider a further oral hearing is required.

I certify that the preceding one hundred and fourteen (114) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Forbes.

[1] Affidavit of Rebecca Jane Rayner affirmed 28 November 2024, Annexure 2, Deed of Forbearance, cl 4.1

[2] Affidavit of Charlotte Alexandra Cooper affirmed on 13 September 2024, Exhibit CAC-1

[3] Totev v Sfar [2008] FCAFC 35; (2008) 167 FCR 193 at [12]- [15] per Emmett J.

[4] Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth), rule 4.06(1).

[5] Adams v Lambert [2006] HCA 10; (2006) 228 CLR 409 (Adams); Kleinwort Benson Australia Ltd v Crowl [1988] HCA 34; (1988) 165 CLR 71 (Kleinwort).

[7] St George Wholesale Finance Pty Ltd v Spalla [2000] FCA 1094 at [34].

[9] GR Finance Ltd v Waldron [2009] FMCA 418 at [48]- [49] (Waldron).

[10] Kleinwort at 80 per Mason CJ, Wilson, Brennan and Gaudron JJ.

[11] Walsh at 339-340 per Gibbs CJ (with whom other members of the Court agreed).

[12] Seovic Civil Engineering Pty Ltd v Groeneveld [1999] FCA 255; (1999) 87 FCR 120 at [32]- [33] (Seovic).

[15] Skouloudis v St George Bank Ltd [2008] FCA 1765; (2008) 173 FCR 236 per Edmonds J.

[17] International Alpaca Management Ltd v Ensor [1999] FCA 72 at [8]- [10].

[18] Sandell v Porter (1966) 115 CLR 666 at 670.

[19] Martin and Another v Commonwealth Bank of Australia [2001] FCA 87; (2001) 217 ALR 634

[20]The Australian Steel Company (Operations) Pty Ltd v Lewis [2000] FCA 1915; (2000) 109 FCR 33 (Lewis) cited in Adams.

[21] Citing Lee J in Lewis at [68].

[22] see GR Finance Ltd v Waldron [2009] FMCA 418 at [52].

[23] St George Wholesale Finance Pty Ltd v Spalla (2000) 181 CLR 68.

[24] See Weinberg J in Northam v Commonwealth Bank of Australia [1999] FCA 544 at [22].

[25] Re a Judgment Debtor [1908] UKLawRpKQB 101; [1908] 2 KB 474 at 481; and Kleinwort at 80.

[26] BWK Elders (Australia) Pty Ltd v White (2004) 3 ABC (NS) 70 at [6]

Circuit and Family Court of Australia Act 2021

Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021

Circuit Court Rules 2011

Circuit Court Rules 2001

Interest Rates Act 1986

Federal Court Act 1976

Circuit Court of Australia Act 1999

Court of Australia Act 1976

Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

Emerson v Wreckair Pty Ltd [1992] FCA 16; (1992) 33 FCR 581

GR Finance Ltd v Waldron [2009] FMCA 418

International Alpaca Management Ltd v Ensor [1999] FCA 72

Kleinwort Benson Australia Ltd v Crowl [1988] HCA 34; (1988) 165 CLR 71

Martin and Another v Commonwealth Bank of Australia [2001] FCA 87; (2001) 217 ALR 634

Northam v Commonwealth Bank of Australia [1999] FCA 544

Seovic Civil Engineering Pty Ltd v Groeneveld [1999] FCA 255; (1999) 87 FCR 120

Skouloudis v St George Bank Ltd [2008] FCA 1765; (2008) 173 FCR 236

St George Wholesale Finance Pty Ltd v Spalla [2000] FCA 1094

Stec v Orfanos [1999] FCA 457

The Australian Steel Company (Operations) Pty Ltd v Lewis [2000] FCA 1915; (2000) 109 FCR 33

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