Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zdrilic v Hickie [2016] FCAFC 101 Appeal from: Zdrilic & Anor v Hickie & Anor [2015] FCCA 2882
File number: NSD 1628 of 2015
Judges: KATZMANN, FARRELL AND MARKOVIC JJ
Date of judgment: 5 August 2016
Catchwords: BANKRUPTCY – appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for review of a registrar's decision to make a sequestration order – appropriateness of an application for summary dismissal of an application for review of a sequestration order – review of a registrar's decision requires a hearing de novo – whether judge conducted a hearing de novo
Legislation: Bankruptcy Act 1966 (Cth) ss 51(1), 52(2), 52(3) Federal Circuit Court of Australia Act 1999 (Cth) ss 5, 17A, 31A, 102(2)(i), 103(1), 104(2) Federal Circuit Court (Bankruptcy) Rules 2006 rr 2.02, 2.06, Sch 2 items 9, 10, 11 Federal Circuit Court Rules 2001 rr 1.03, 13.10, 20.03 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Bass v Permanent Trustee Company Limited (1999) 198 CLR 334 Harris v Caladine (1991) 172 CLR 84 Hickie & Anor v Zdrilic & Anor [2015] FCCA 1329 Martin & Another v Commonwealth Bank of Australia (2001) 217 ALR 634 Re Mirko Trepic Ex Parte: Arrowcrest Group Pty Ltd [1990] FCA 583 Totev v Sfar and Another (2008) 167 FCR 193 Tran v Pu (2015) 228 FCR 562
Date of hearing: 9 May 2016
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