Federal Court of Australia
Federal Court of Australia
C Pty Ltd v Sommer [2021] FCAFC 87 Appeal from: Sommer v C Pty Ltd (No. 3) [2020] FCCA 2156 Sommer v C Pty Ltd (No. 4) [2020] FCCA 2589
File number: NSD 1100 of 2020
Judgment of: ALLSOP CJ, MARKOVIC AND BANKS-SMITH JJ
Date of judgment: 31 May 2021
Catchwords: BANKRUPTCY – application for leave to appeal and extension of time to appeal from orders of Federal Circuit Court refusing to set aside bankruptcy notice and dismiss proceedings – where appellant conceded that costs assessment underlying the bankruptcy notice was affected by error – where respondent had filed an application to set aside the bankruptcy notice – whether primary judge had a discretion to set aside bankruptcy notice and dismiss proceedings – where review process by specialist review panel to correct costs assessor's determination available – sufficient doubt to warrant grant of leave – substantial injustice would result if leave not granted – leave to appeal and extension of time to appeal granted – appeal allowed
Legislation: Acts Interpretation Act 1901 (Cth) s 15C Bankruptcy Act 1966 (Cth) ss 27, 35A, 41 Federal Circuit Court of Australia Act 1999 (Cth) s 10 Taxation Administration Act 1953 (Cth) Pt IVC Legal Profession Uniform Law (NSW) ss 172, 178, 198, 199, 200 Legal Profession Uniform Law Application Act 2014 (NSW) ss 63, 64, 68-70, 73, 83-85, 87, 89 Legal Profession Uniform Law Application Regulation 2015 (NSW) reg 37
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