Federal Court of Australia
Federal Court of Australia
Ritson v Commissioner of Police (NSW) [2021] FCAFC 208 Appeal from: Commissioner of Police (NSW) v Ritson (No 5) [2021] FCCA 1835 Commissioner of Police (NSW) v Ritson (No 6) [2021] FCCA 1942
File number: NSD 898 of 2021
Judgment of: ALLSOP CJ, LEE and DOWNES JJ
Date of judgment: 22 November 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal against sequestration order made by Federal Circuit Court – whether claim for damages in District Court of Queensland was other sufficient cause within meaning of s 52(2)(b) Bankruptcy Act 1966 (Cth) – whether leave should have been given to reopen case and admit documents obtained through third party discovery in District Court proceedings – whether those documents would have affected assessment of prospects of claim for damages – whether documents could be admitted into evidence for that purpose – where District Court proceedings would not be resolved in short term – where appellant was not solvent – whether sequestration order made by Federal Circuit Court judge can be stayed or suspended
Legislation: Bankruptcy Act 1966 (Cth) ss 37(2), 52(2)(b), 52(4), 60(4), 116(2)(g)(i) Evidence Act 1995 (Cth) ss 135, 136 Federal Circuit Court Rules 2001 (Cth) r 14.04 Federal Court of Australia Act 1976 (Cth) s 29 Federal Court Rules 2011 (Cth) r 36.08 Evidence Act 1977 (Qld) s 95
Cases cited: A v State of New South Wales [2007] HCA 10; 230 CLR 500 Bechara v Bates [2021] FCAFC 34; 388 ALR 414 Cain v Whyte [1932] HCA 6; (1933) 48 CLR 639 Clifford v Vegas Enterprises Pty Ltd [2009] FCA 1204 Commissioner of Police (NSW) v Ritson (No 5) [2021] FCCA 1835 Commissioner of Police (NSW) v Ritson (No 6) [2021] FCCA 1942 Du Bray v ACW [2020] FCA 1142 Endresz v Australian Securities and Investments Commission [2014] FCA 1139 Harris v Caladine [1991] HCA 9; 172 CLR 84 James v Commonwealth Bank of Australia [2015] FCA 582; 236 FCR 379 Ling v Enrobook Pty Ltd [1997] FCA 226; 74 FCR 19 Maddestra v Penfolds Wines Pty Ltd (1993) 44 FCR 303 Mehajer v Weston (Trustee), in the matter of Mehajer [2018] FCA 608; 16 ABC(NS) 135 Re Maddestra; Ex parte Penfolds Wines Pty Ltd [1993] FCA 83 Re Schmidt; Ex parte Anglewood (1968) 13 FLR 111 Ritson v Commissioner of Police, New South Wales Police Force [2021] FCA 1315 Robson as former trustee of the Estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143; 392 ALR 93 St George Bank Ltd v Helfenbaum [1999] FCA 1337 Stratton v Bowles [2014] FCA 1180 The Owners - Strata Plan No 20,347 v Saha [2021] FCA 961 Trustees of the Franciscan Missionaries of Mary v Weir [2000] FCA 574; 98 FCR 447
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