Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 Appeal from: Via Sanantonio Pty Ltd v Commonwealth Bank of Australia [2019] FCA 58
File numbers: NSD 248 of 2019 NSD 249 of 2019
Judges: FLICK, GLEESON AND JACKSON JJ
Date of judgment: 8 August 2019
Catchwords: BANKRUPTCY – applications to set aside bankruptcy notices – whether judgments were attached to bankruptcy notices PRACTICE AND PROCEDURE – whether one Full Court bound by decision of previous Full Court – no basis for concluding that ealier decision was clearly erroneous – appeals dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 25C Bankruptcy Act 1966 (Cth) s 41 Bankruptcy Regulations 1996 (Cth) regs 4.01, 4.02, Sch 1
Cases cited: Adams v Lambert [2006] HCA 10, (2006) 228 CLR 409 AEK15 v Minister for Immigration and Border Protection [2016] FCAFC 131, (2016) 244 FCR 328 Curtis v Singtel Optus Pty Ltd [2014] FCAFC 144, (2014) 225 FCR 458 Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177, (2016) 246 FCR 146 Transurban City Link v Allan [1999] FCA 1723, (1999) 95 FCR 553
Date of hearing: 6 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 28
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