Federal Court of Australia
Federal Court of Australia
James v Australia and New Zealand Banking Group Limited [2022] FCAFC 18 File number(s): NSD 769 of 2021
Judgment of: RARES, Murphy and banks-smith JJ
Date of orders: 19 November 2021
Date of judgment: 18 February 2022
Catchwords: PRACTICE AND PROCEDURE – bankruptcy – whether primary judge's exercise of discretion miscarried to refuse leave to amend grounds of opposition to bankruptcy petition at beginning of trial and adjourn hearing – where amendment sought to go behind consent judgment – where allowing amendments would have required adjournment of hearing of petition – where debtor applied for adjournment either for short period to allow petitioning creditor to file evidence so as to meet amendments or until hearing and judgment in Supreme Court proceeding – whether failure to consider adjourning for short period vitiated discretion to refuse amendment
Legislation: Bankruptcy Act 1966 (Cth) ss 33 and 52 Corporations Act 2001 (Cth) ss 180 and 420A Federal Court of Australia Act 1976 (Cth) ss 37M and 37N
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Bechara v Bates [2021] FCAFC 34; 388 ALR 414 Bryant v Commonwealth Bank of Australia [1996] HCA 3; 134 ALR 460 Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Ltd) [2007] FCAFC 167; 245 ALR 374 Cement Australia Pty Limited v Australian Competition and Consumer Commission (2010) 187 FCR 261 Coshott v Prentice; In the matter of Coshott (No 2) [2016] FCA 1531 Culleton v Balwyn Nominees Pty Ltd (2017) 343 ALR 632 Endresz v Australian Securities and Investments Commission (No 2) [2015] FCAFC 33; (2015) 228 FCR 334 Gelonesi v G. Abignano (Investment) Pty Limited [2020] FCA 898 House v The King (1936) 55 CLR 499 James v Australia and New Zealand Banking Group Limited (2018) 97 NSWLR 663 James v the Australia and New Zealand Banking Group Limited (2020) 380 ALR 566 Luck v University of Southern Queensland [2016] FCAFC 167 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132 Re Will of F.B. Gilbert (dec.) (1946) 46 SR (NSW) 318
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