Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shaw v Yarranova Pty Ltd [2014] FCAFC 171 Citation: Shaw v Yarranova Pty Ltd [2014] FCAFC 171
Appeal from: Yarranova Pty Ltd v Shaw (No 2) [2014] FCA 616
Parties: JOHN SHAW v YARRANOVA PTY LTD (ACN 077 517 616) and NEWQUAY STAGE 2 PTY LTD (ACN 086 482 644)
File number: VID 354 of 2014
Judges: BENNETT, FLICK & YATES JJ
Date of judgment: 12 December 2014
Catchwords: BANKRUPTCY – the making of a sequestration order – refusal to go behind a judgment – order properly made PRACTICE AND PROCEDURE – abuse of process – refusal by primary Judge to accede to disqualification application PRACTICE AND PROCEDURE – application to adduce further evidence – further evidence not yet obtained – application more in the nature of an application to re-open
Legislation: Bankruptcy Act 1966 (Cth) ss 43, 52, 153B Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) rr 36.01(2)(c), 36.57(2)
Cases cited: Arifin v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCAFC 61, cited CDJ v VAJ (1998) 197 CLR 172, cited Freeman v National Australia Bank Limited [2003] FCAFC 200, applied NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24, cited Shaw v Yarranova Pty Ltd [2011] VSCA 55, considered Shaw v Yarranova Pty Ltd & Anor [2013] FCCA 1627, referred to Shaw v Yarranova Pty Ltd [2014] FCA 557, referred to Shaw v Yarranova Pty Ltd [2014] VSCA 48, referred to Yarranova Pty Ltd v Shaw [2014] FCA 403, referred to Yarranova Pty Ltd v Shaw (No 2) [2014] FCA 616, affirmed
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