Davidson v Official Receiver [2021] FCAFC 73

Federal Court of Australia

Davidson v Official Receiver [2021] FCAFC 73 Appeal from: Janezic v Official Receiver & Anor and Davidson v Official Receiver & Anor [2020] FCCA 1153

File number: VID 369 of 2020

Judgment of: ALLSOP CJ, MARKOVIC AND ANASTASSIOU JJ

Date of judgment: 21 May 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit Court of Australia – where primary judge dismissed application for summary judgment to set aside notice issued pursuant to s 139ZQ of the Bankruptcy Act 1966 (Cth) by Official Receiver – where underlying basis for notice issued pursuant to s 139ZQ was to recover transfer at undervalue within meaning of s 120(1) of the Act – whether limitation period in s 127(3) of the Act requires a notice issued pursuant to s 139ZQ to be complied with or sought to be enforced within six years – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth), ss 5, 30, 55, 58, 116, 120(1), 127(3), 139ZQ(1), 139ZQ(8), 139ZS(1), 139ZS(1A), 161(2), 183(2), 184(1) Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Circuit Court Rules 2001 (Cth), Pt 17

Cases cited: Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; 187 FCR 261 Cooper v Moloney (No 5) [2012] SASC 211 Coshott v Official Trustee in Bankruptcy, in the matter of the Bankrupt Estate of Michael Petrovic Lenin (deceased) [2019] FCA 913 Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Halse v Norton [1997] FCA 673; 76 FCR 389 Official Trustee in Bankruptcy v Alvaro [1996] FCA 1493; 66 FCR 372 Official Trustee in Bankruptcy v Lopatinsky [2003] FCAFC 109; 129 FCR 234 Re McLernon; Ex parte SWF Hoists and Industrial Equipment Pty Ltd v Prebble [1995] FCA 539; 58 FCR 391 Sutherland v Vale [2009] HCA 26; 237 CLR 638 Verge (Trustee), in the matter of Underdown (deceased) (a bankrupt) v Fazio [2013] FCA 18