Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trevor (Liquidator) v Evans [2017] FCAFC 36 Appeal from: Trevor, in the matter of Bell Group NV (in liq) [2016] FCA 851
File number(s): NSD 1293 of 2016
Judge(s): MIDDLETON, JAGOT AND WIGNEY JJ
Date of judgment: 24 February 2017
Catchwords: PRACTICE AND PROCEDURE – extension of time to discharge examination summons – arguable case of abuse of process – leave to appeal – no doubt about decision below – no injustice – leave refused
Legislation: Corporations Act 2001 (Cth) ss 596B, 596C Federal Court of Australia Act 1976 (Cth) s 24 Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655; (1991) 33 FCR 397 Evans v Wainter Pty Ltd [2005] FCAFC 114; (2005) 145 FCR 176 House v The King (1936) 55 CLR 499 Lucic v Nolan (1982) 45 ALR 411 Simionato & Farrugia v Macks & Macks (1996) 19 ACSR 34
Date of hearing: 24 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Norman O'Bryan SC with Anthony D'Arcy
Solicitor for the Applicant: Lipman Karas
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