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Khan (Trustee) v Lo Pilato (Australian representative of the trustee of Bankrupt Estate of Farouk) [2023] FCA 736

Khan (Trustee) v Lo Pilato (Australian representative of the trustee of Bankrupt Estate of Farouk) [2023] FCA 736

PRACTICE AND PROCEDURE – application to vary orders pursuant to r 39.05(5) of the Federal Court Rules 2011 (Cth) – whether orders were interlocutory or final – whether application should be considered as one to be relieved from undertaking – application refused

TRUSTS AND TRUSTEES – application by director of trustee company to have recourse to trust assets for expenses of public examination – trust insolvent and liabilities substantially exceeded assets – whether existence of former trustee’s right of indemnity from assets has the consequence that no assets remain held on trust

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0736

For more information, see the original judgement.


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