Federal Court of Australia
Federal Court of Australia
Barranbali Pty Ltd v Pioneer Australia Pty Ltd [2021] FCAFC 100 Appeal from: Pioneer Australia Pty Ltd v Bettles as Trustee of the Bankrupt Estate of Quinn [2020] FCA 1788
File number: QUD 388 of 2020
Judgment of: GREENWOOD, PERRY AND ANASTASSIOU JJ
Date of judgment: 11 June 2021
Catchwords: BANKRUPTCY – appeal from decision of the Federal Court of Australia – whether a single joint creditor has standing under s 90-20 of the Insolvency Practice Schedule (Bankruptcy), Schedule 2 of the Bankruptcy Act 1966 (Cth) to apply for an order to remove and replace a trustee pursuant to s 90-15 – whether proof of debt capable of being lodged by one only of joint creditors – proper characterisation of "creditor" in the Insolvency Practice Schedule – meaning of "creditor" derived from nature of the creditor's obligation and statutory context in which that expression is used – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Bankruptcy Act 1966 (Cth), ss 27, 40, 41, 44, 58, 60, 77, 82, 83, 84, 102, 109, 115, 116, 109, 121, 122; Schedule 2 (Insolvency Practice Schedule (Bankruptcy), ss 1-1, 5-5, 5-15, 5-16, 5-30, 90-15, 90-20 Trustee Act 1925 (NSW), s 63
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Australian Workers' Union v Bowen (1946) 72 CLR 575 Commissioner of Taxation v Lane [2020] FCAFC 184; 385 ALR 92 Deputy Commissioner of Taxation v Westpac Savings Bank Pty Ltd (1987) 87 FLR 130 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Federal Commissioner of Taxation v Jaques (1956) 95 CLR 223 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; 237 CLR 66 Pioneer Australia Pty Ltd & Anor v Quinn [2019] QSC 72 Quinn & Anor v Pioneer Australia Pty Ltd & Anor [2019] QCA 266 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Kevin McNamara and Son Pty Ltd [2014] VSC 337; 287 FLR 96 Scook v Sims Construction Pty Ltd [2004] FCAFC 306 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Thiess v Collector of Customs (2014) 250 CLR 664 YIC Industrial Pty Ltd & Anor v Spa Investments Pty Ltd & Ors [2020] QSC 378
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