Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14

Federal Court of Australia

Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14 Appeal from: Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886

File number(s): NSD 788 of 2020

Judgment of: RARES, FARRELL AND STEWART JJ

Date of judgment: 3 February 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – whether bankruptcy notice based on judgment of Local Court of New South Wales entered on filing of certificate recording assessment of costs pursuant to orders of New South Wales Civil and Administrative Tribunal valid – whether creditor required to make election between bankruptcy notices to pursue – whether judgments entered in Local Court pursuant to s 78 Civil and Administrative Tribunal Act 2013 (NSW) and ss 70, 71 Legal Profession Uniform Law Application Act 2014 (NSW) immediately enforceable by execution – whether prima facie case sufficient to satisfy Court that counter-claim, set-off or cross demand could not have been set up in original proceeding pursuant to s 40(1)(g) Bankruptcy Act 1966 (Cth) – whether corporation must enforce judgment debt in its own right or as trustee to exonerate or reimburse itself for expenses incurred as trustee – whether primary judge obligated to allow party to make submissions after conclusion of hearing – Held: appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 40(3), 41(1)(b) Bankruptcy Regulations 1996 (Cth) reg 4.02 Taxation Administration Act 1953 (Cth) s 12-190 of Sch 1 Civil and Administrative Tribunal Act 2013 (NSW) s 78 Conveyancing Act 1919 (NSW) s 23C(1)(c) Legal Profession Act 2004 (NSW) s 368(5) Legal Profession Uniform Law Application Act 2014 (NSW) ss 70, 71 Uniform Civil Procedure Rules 2005 (NSW) rr 1.5, 42.7, Sch 1