Barranbali Pty Ltd v Pioneer Australia Pty Ltd [2021] FCAFC 100 (11 June 2021) (Greenwood, Perry and Anastassiou JJ)


Catchwords:


BANKRUPTCY – appeal from decision of the Federal Court of Australia – whether a single joint creditor has standing under s 90-20 of the Insolvency Practice Schedule (Bankruptcy), Schedule 2 of the Bankruptcy Act 1966 (Cth) to apply for an order to remove and replace a trustee pursuant to s 90-15 – whether proof of debt capable of being lodged by one only of joint creditors – proper characterisation of “creditor” in the Insolvency Practice Schedule – meaning of “creditor” derived from nature of the creditor’s obligation and statutory context in which that expression is used – appeal dismissed