Fletcher (Trustee) v Keating

[2017] FCA 1050

Federal Court of Australia5 September 2017

Built by Barristers,
For Australian Law.

1. Bankruptcy and Insolvency
2. › application by former trustee
3. › where sale of real property settled after discharge of bankruptcy
4. › application for declaration that surplus funds from sale of real property vested in trustee
5. › where funds from settlement applied to repayment of primary loan
6. › where balance of funds retained as security for outstanding debt owed by bankrupt in capacity as trustee of investment trust
7. › where bankrupt personally guaranteed loan
1. Contracts
2. › guarantees
3. › default of debtor
4. › creditor’s right to enforce guarantee
5. › whether notice required before creditor entitled to enforce guarantee
6. › right of subrogation
7. › whether right of guarantor to claim subrogation excluded by contract or conduct
8. › where agreement for creditor to hold funds as security
1. Practice and Procedure
2. › application to vary costs in order for substituted service
3. › whether personal service impracticable
4. › whether reasonable steps taken to attempt personal service