Federal Court of Australia
Federal Court of Australia
Dimitriou v Pineview Property Holdings Pty Ltd [2020] FCAFC 218 Appeal from: Pineview Property Holdings Pty Ltd v Dimitriou (No 2) [2019] FCA 1416
File number: NSD 1600 of 2019
Judgment of: MARKOVIC, ANASTASSIOU AND STEWART JJ
Date of judgment: 8 December 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from Federal Court of Australia – creditor's petition – whether deed of release should have been produced to primary judge – whether the debt underpinning creditor's petition was still owing for the purposes of s 52(1)(a) of the Bankruptcy Act 1966 (Cth) – whether there was other sufficient cause under s 52(2)(b) of the Act for a sequestration order not to be made – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8; 343 ALR 632 Dimitriou v Huybers [2017] NSWCA 252 Pineview Property Holdings Pty Ltd v Dimitriou (No 2) [2019] FCA 1416 Rubino & Anor v Pineview Property Holdings Pty Limited & Ors [2016] NSWSC 904 Rubino & Anor v Pineview Property Holdings Pty Ltd & Ors; In the matter of Wyse Accounting Pty Ltd; In the matter of Wyse & Young International Pty Ltd; In the matter of Wyse & Young International Pty Ltd; In the matter of Wyse Accounting Pty Ltd [2016] NSWSC 1780 Rubino v Pineview Properties Pty Ltd (No 7) [2019] NSWSC 1031 Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd [1998] HCA 38, 192 CLR 603
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