Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kimber v The Owners Strata Plan No 48216 [2018] FCAFC 181 Appeal from: Kimber v The Owners Strata Plan No 48216 (No 2) [2018] FCA 406
File number: NSD 468 of 2018
Judges: FLICK, BARKER AND DERRINGTON JJ
Date of judgment: 18 October 2018
Catchwords: BANKRUPTCY – appeal against refusal to set aside Bankruptcy Notice – whether any grounds for setting aside notice – whether appellant had established any basis on which a cross-demand might be set up – appellant required extension of time in which to comply with Bankruptcy Notice – whether time ought to be extended – whether any evidence of possible cross-demand PRACTICE AND PROCEDURE – application for adjournment of appeal – where appeal had been set down for hearing in the usual manner – where no sufficient ground raised to justify adjournment – where self-represented appellant able to advance arguments on appeal – application to adjourn refused
Legislation: Bankruptcy Act 1966 (Cth) ss 41, 46 Federal Court of Australia Act 1976 (Cth) ss 22, 24, 31A, 37M, 37N Judiciary Act 1903 (Cth) s 78B Federal Circuit Court (Bankruptcy) Rules 2006 (Cth) r 3.03 Federal Court Rules 2011 (Cth) r 2.25 Strata Schemes Management Act 2015 (NSW)
Cases cited: ADF15 v Minister for Immigration & Border Protection [2018] FCA 1099 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 House v R (1936) 55 CLR 499 Johnson v Johnson (2000) 201 CLR 488 Kimber v The Owners Strata Plan No 48216 (No 2) [2018] FCA 406 Kimber v The Owners Strata Plan No 48216 [2017] FCAFC 1090 Kimber v The Owners Strata Plan No 48216 [2018] FCA 536 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Ramsay Health Care Australia Pty Ltd v Compton (2017) 345 ALR 534 Re JRL, Ex parte CJL (1986) 161 CLR 342 Re Kimberly John Hughes v Western Australian Cricket Association (Inc) (1986) 19 FCR 10 Saxmere Company Ltd v Wool Board Disestablishment Company Ltd [2010] 1 NZLR 35 Stefanovski v Digital Central Australia (Assets) Pty Ltd (No 2) [2018] FCAFC 113
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