Full Court Minute Books

Case S216/2019

Franz Boensch as trustee of the Boensch Trust v. Pascoe

Case No.


Case Information

Lower Court Judgment

20/12/2018 Federal Court of Australia (Besanko J, Mckerracher J, Gleeson J)

[2018] FCAFC 234


Trusts – Bankruptcy – Where respondent trustee in bankruptcy found to hold caveatable interest in real property held by bankrupt on trust by operation of s 58(1) of Bankruptcy Act 1966 (Cth) – Whether Full Court erred in concluding any caveatable interest vested in respondent – Where claim under s 74P of Real Property Act 1900 (NSW) for compensation in relation to lodging and maintenance of caveat over piece of real property against trustee in bankruptcy – Whether it was permissible for trustee in bankruptcy to claim in his caveat under s 74P(1) of Real Property Act inconsistent interests in Rydalmere property – Whether existence of caveatable interest rendered it unnecessary for Court to embark upon enquiry of whether trustee in bankruptcy lodged caveat, or failed or refused to remove it, “without reasonable cause”.

Short particulars


21/06/2019 Hearing (SLA, Sydney)

04/07/2019 Notice of appeal

09/08/2019 Written submissions (Appellant)

09/08/2019 Chronology (Appellant)

09/09/2019 Written submissions (Respondent)

27/09/2019 Reply

11/10/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

11/10/2019 Outline of oral argument (Appellant)

11/10/2019 Outline of oral argument (Respondent)

13/12/2019 Judgment (Judgment summary)