Smits v Lillas & Loel Lawyers Pty Ltd [2016] FCAFC 143

FEDERAL COURT OF AUSTRALIA

Smits v Lillas & Loel Lawyers Pty Ltd [2016] FCAFC 143 Appeal from: Lillas & Loel Lawyers Pty Ltd v Smits [2016] FCA 11 and Lillas & Loel Lawyers Pty Ltd v Smits (No 2) [2016] FCA 106

File number: QUD 101 of 2016

Judge: RARES, COLLIER AND MARKOVIC JJ

Date of judgment: 22 August 2016

Catchwords: BANKRUTPCY AND INSOLVENCY – appeal from a decision of the Federal Court of Australia allowing a creditor's petition – where resolution passed at meeting of creditors in favour of debtor executing a personal insolvency agreement over the opposition of the applicant creditor and Deputy Commissioner of Taxation – where applicant creditor and respondent sought to have the appeal allowed by consent and the sequestration order set aside – where the Deputy Commissioner of Taxation opposed the appeal being allowed by consent – requirement that an arguable error be demonstrated on the part of the primary judge before allowing an appeal by consent – appeal dismissed BANKRUTPCY AND INSOLVENCY – appeal from a decision of the Federal Court of Australia refusing to set aside a sequestration order by reason of the preclusion of the power to do so under s 37(2)(a) of the Bankruptcy Act 1966 (Cth) – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 37, 40, 43, 52, 188, 206 Evidence Act 1995 (Cth) s 79 Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 12.01(3) Judiciary Act 1903 (Cth) s 55ZG