Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mouglalis v Bendigo and Adelaide Bank Ltd [2017] FCAFC 47 Appeal from: Bendigo and Adelaide Bank Limited v Clout (No 2) [2016] FCA 561
File number: SAD 163 of 2016
Judges: BESANKO, LOGAN AND CHARLESWORTH JJ
Date of judgment: 22 March 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of appeal by the bankrupts against orders of the primary judge granting sequestration orders which did not restore the bankrupts to their pre-composition position – whether court which sets aside a composition is bound to make an order restoring parties to pre-composition position – whether s 222(8) of the Bankruptcy Act 1996 (Cth) gives the Court power to change or vary the date of discharge from bankruptcy determined in the manner laid down in s 149(4) – where bankrupts will lose benefit of the filing of statements of affairs – where bankrupts will be discharged from bankruptcy three years after filing of statements of affairs BANKRUPTCY AND INSOLVENCY – consideration of the decision of the Full Court in Hingston v Westpac Banking Corporation (2012) 200 FCR 493 COSTS – where costs to be taxed and paid out of estate of appellants in accordance with s 109(1)(a) of the Bankruptcy Act 1996 (Cth)
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 33A, 40, 44, 52, 54, 73, 74, 76B, 109, 115, 149, 188, 194, 222 Corporations Act 2001 (Cth) ss 439A, 447A Federal Court Rules 2011 (Cth) r 2.26
Cases cited: Anthony Horden & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Australasian Memory Pty Limited v Brien (2000) 200 CLR 270 Bendigo and Adelaide Bank Limited v Clout [2016] FCA 119 Clyne v Deputy Commissioner of Taxation (No 3) (1984) 154 CLR 589 Culleton v Balwyn Nominees Pty Ltd (No 2) [2017] FCAFC 12 Hingston v Westpac Banking Corporation (2012) 200 FCR 493 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Rosenfeldt v Official Trustee in Bankruptcy (1997) 79 FCR 340 Vale v Sutherland (2009) 237 CLR 638 Van- Minnen ( nee Huson ) ex parte Harrison [1999] FCA 43
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