Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gao v The Official Trustee in Bankruptcy [2003] FCAFC 84 BANKRUPTCY – whether an unsecured creditor has standing to challenge sale of an asset of a bankrupt by a secured creditor APPEALS AND NEW TRIALS – whether a single judge can grant leave to an appellant to cross-examine a witness before a Full Court
Bankruptcy Act 1966 (Cth) s 55, 58, 153B, 156A, 176, 179 Federal Court of Australia Act 1976 (Cth) ss 27, 40 Federal Court Rules O 20 r 2, O 52 r 36 Cottrell v Wilcox [2002] FCA 232 approved CDJ v VAJ (1998) 197 CLR 172 cited Re Cheesman; Cheesman v Waters (1997) 143 ALR 78 cited PENG YUANG GAO v THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the Bankrupt Estate of YU JING ZHU No V 830 of 2002 SPENDER, HEEREY, TAMBERLIN JJ MELBOURNE 8 MAY 2003
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 830 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PENG YUANG GAO
APPELLANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the Bankrupt Estate of YU JING ZHU
RESPONDENT
JUDGES: SPENDER, HEEREY, TAMBERLIN JJ
DATE OF ORDER: 8 MAY 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The application for leave to appeal be dismissed. 3. The appellant pay the respondent's costs of the appeal and the application for leave to appeal, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 830 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PENG YUANG GAO
APPELLANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the Bankrupt Estate of YU JING ZHU
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