PRACTICE AND PROCEDURE – whether appropriate for further order to determine amount of any loss or damage caused by trustee’s conduct – where trustee retained possession of property of second respondent after dismissal of creditor’s petition by Federal Circuit Court – where Full Court on appeal determined dismissal of creditor’s petition eradicated second respondent’s bankruptcy status and set aside sequestration order – where no consequential order made to justify trustee’s continuing possession of property after dismissal of creditor’s petition – where no steps taken by trustee to return property until hearing of appeal – whether adequate explanation provided by trustee as to delay in re-vesting property – no further order made

Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 (No 2) [2021] FCAFC 190 (1 November 2021)