Federal Court of Australia
Federal Court of Australia
Alhalek v Quintiliani trading as Kells Lawyers (No 2) [2021] FCAFC 140 Appeal from: Alhalek v Quintiliani trading as Kells Lawyers [2020] FCA 1272
File number: NSD 1020 of 2020
Judgment of: KATZMANN, DERRINGTON AND ANASTASSIOU JJ
Date of judgment: 5 August 2021
Catchwords: BANKRUPTCY – appeal from refusal of application to set aside or extend compliance with bankruptcy notice based on judgment debt – allegations of bias raised in submissions but not pleaded – where appellant commenced separate judicial review proceedings to seek extension of time to apply for review of costs certificate determination and appellant alleged primary judge erred in holding that it could not be determined if proceedings would lead to the setting aside or variation of costs judgment – where judicial review proceedings subsequently dismissed – whether primary judge erred in finding that issuing of bankruptcy notice was not an abuse of process
Legislation: Bankruptcy Act 1966 (Cth) s 41
Cases cited: Alhalek v Kells the Lawyers [2021] NSWSC 205 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Nobarani v Mariconte [2021] FCAFC 96 Young v Cooke [2017] FCA 26
Division: General Division
Registry: New South Wales
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate