Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bufalo v Official Trustee in Bankruptcy [2011] FCAFC 111 Citation: Bufalo v Official Trustee in Bankruptcy [2011] FCAFC 111
Appeal from: Official Trustee in Bankruptcy v Lendlease Primelife Pty Ltd [2011] FCA 145
Parties: ANTONIO BUFALO AND ORS v THE OFFICIAL TRUSTEE IN BANKRUPTCY AND ORS
File number: VID 177 of 2011
Judges: MANSFIELD, BESANKO AND FLICK JJ
Date of judgment: 26 August 2011
Catchwords: PRACTICE AND PROCEDURE – appellants fail to appear – application amended at hearing – judgment delivered BANKRUPTCY – application by Official Trustee for directions – need for care when drafting the direction sought
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 39 Bankruptcy Act 1966 (Cth) ss 30, 134, 178 Federal Court of Australia Act 1976 (Cth) ss 4, 17, 24(1A) Federal Court Rules O1 rr 4, 8, O14 r 7, O32, O52 r 38A Federal Court Rules 2011 rr 30.21, 36.75
Cases cited: AA Shi Pty Ltd v Avbar Pty Ltd (No 5) [2010] FCA 971, cited Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, 35 ALR 625, considered Ali v Collection Point Pty Ltd [2011] FCAFC 87, cited Apache Northwest Pty Ltd v Newcrest Mining Ltd [2009] FCAFC 39, 182 FCR 124, referred to Applicant A184 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1076, referred to Association of Architects of Australia, Re; Ex parte Municipal Officers of Australia (1989) 63 ALJR 298, cited Australian Broadcasting Commission v Parish (1980) 43 FLR 129, cited Australian Competition and Consumer Commission v D M Faulkner Pty Limited [2004] FCA 1666, cited Bufalo v Official Trustee in Bankruptcy [2007] FMCA 1411, cited Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111, referred to Condon v Watson [2009] FCA 11, 174 FCR 314, referred to Croft v Evertop Investments Pty Ltd (No 2) [2011] FCA 749, cited CSR Limited, Re [2010] FCAFC 34, referred to Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, referred to Different Solutions Pty Ltd v Commissioner, Australian Federal Police [2008] FCA 1571, referred to Donnelly (Trustee), in the matter of Hancock v Porteous [2002] FCA 607, considered Duckworth, Re; Ex parte The Official Trustee in Bankruptcy (Unreported, FCA, Nicholson J, 20 October 1995), cited Evans, Re; Ex parte Sweeney v Evans (1995) 61 FCR 556, cited Goodricke v Comcare [2011] FCA 694, cited Hoffman, Re; Ex parte Worrell v Schilling (1989) 85 ALR 145, cited House v Defence Force Retirement and Death Benefits Authority [2011] FCAFC 72, referred to House v R (1936) 55 CLR 499, considered In the matter of Kenneth Stanley Kitt; Official Trustee in Bankruptcy [2005] FCA 1564, cited Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572, 104 FCR 564, considered Kenso Marketing (M) SDN BHD v Chief Executive Officer of Customs [2011] FCAFC 26, cited Leask and Trumbich, Re; Ex parte Melsom (1986) 11 FCR 305, cited Minogue v Human Rights and Equal Opportunity Commission [1999] FCA 85, 84 FCR 438, referred to National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, referred to Neil v Nott (1994) 121 ALR 148, referred to Official Trustee in Bankruptcy v Lendlease Primelife Pty Ltd [2011] FCA 145, considered Rajski v Scitec Corp Pty Ltd (Unreported, NSWCA, Kirby P, Samuels and Mahoney JJA, 16 June 1986), considered Rawson Finances Pty Limited v Deputy Commissioner of Taxation [2010] FCAFC 139, cited Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53, cited Scoway Pty Ltd v Faxon Pty Ltd [2004] FCA 249, considered Secretary, Department of Family and Community Services v Verney [2000] FCA 570, 60 ALD 737, cited Sharp v Deputy Commissioner of Taxation (1988) 19 ATR 908, referred to Stead v State Government Insurance Commission (1986) 161 CLR 141, referred to Sutherland (In the Matter of Scutts) [1999] FCA 147, considered Sutherland (In the Matter of Scutts) [1999] FCA 258, cited Spirits International BV v Federal Treasury Enterprise (FKP) Sojuzplodoimport [2011] FCAFC 69, cited Sullivan v Department of Transport (1978) 20 ALR 323, considered Vaeula v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 147, cited Weber, Re [2006] FCA 636, 154 FCR 80, considered Welsh v Digilin Pty Ltd [2008] FCAFC 149, 250 ALR 13, cited Willoughby v Official Trustee in Bankruptcy [2001] FCA 1345, cited
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