Federal Court of Australia
Federal Court of Australia Dimitrovski v Boland [2023] FCAFC 86 Appeal from: Decision of the Supreme Court of New South Wales delivered by Lindsay J on 22 October 2021
File number: NSD 319 of 2022
Judgment of: MARKOVIC, DOWNES AND KENNETT JJ
Date of judgment: 31 May 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – where applicant a discharged bankrupt – where applicant sought leave to appeal and extension of time to appeal from decision of Supreme Court of New South Wales – where applicant included claim for damages for personal injuries – where primary judge held personal injury claims were not severable from the property claims – whether s 160(2)(g) of the Bankruptcy Act 1966 (Cth) was enlivened such that the claims had not vested in the trustee of the applicant's bankrupt estate – where proposed grounds of appeal have no merit – application dismissed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA Bankruptcy Act 1966 (Cth) ss 5, 60(4), 116(1), 116(2)(a), 116(2)(g) Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 21 Corporations Act 2001 (Cth) ss 601AH(2), 1041E, 1041G, 1041H, 1041I, 1324(10), 1325 Federal Court of Australia Act 1976 (Cth) ss 24(1D)(b), 27, 31A Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 7(5) Federal Court Rules 2011 (Cth) rr 1.34, 4.01(2), 35.13, 36.57 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28, 51.6, 51.9
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