Veit J

3.15: Originating application for judicial review

Case Summary

The Applicant submitted a Proof of Claim to the trustee of her son’s bankrupt company, Skyrider. The Claim related to the proceeds obtained from the sale of three properties. The proceeds of those sales were loaned to the Bankrupt Corporation. However, all of the properties had originally been owned by the Bankrupt Corporation and had been transferred to the Applicant for no consideration. The Trustee disallowed the Claim. The Applicant applied for an Order directing the Bankrupt Corporation’s Trustee to provide further and better particulars of the reasons for its disallowance of her Claim.

Justice Veit noted that the Applicant’s Application was one for Judicial Review of a Decision of a statutory decision maker. Veit J. found that the Application was not in the correct form pursuant to Rule 3.15; however, the Court was not prepared to dismiss the Application on the grounds of improper form since the objectives of Rule 3.15 relating to timing, notice and provision of a return had been met by other means. Her Ladyship reviewed the reasons provided by the Trustee and determined that, in the circumstances, they were reasonable. The Application was dismissed.

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