Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BANKRUPTCY Ð sequestration order Ð appeal - whether order made in error of law Ð whether primary judge correct to hold final judgment or order could not have been stayed Ð whether primary judge correctly interpreted time limit on application for rehearing of consumer credit claim as barring claim made out of time Ð proper approach to interpretation of section imposing time limit.
Consumer Claims Tribunals Act 1987 (NSW) ss 10(3), 12, 25(1), 25(4)
Bankruptcy Act 1966 (Cth) s 40(1)(g)
Consumer Claims Tribunals Act 1974 (NSW) ss 32(2), 49
David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265, considered
Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297, considered
Re McJannet; Ex Parte Minister For Employment, Training And Industrial Relations (Qld) (1995) 184 CLR 620, considered
Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369, considered
Grzybowicz v Smiljanic [1980] 1 NSWLR 627, referred to
Ex Parte Hulin; Re Gillespie (1965) 65 SR (NSW) 31, referred to
Adams v Chas S Watson Pty Ltd (1935) 60 CLR 545, referred to
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 72 ALJR 841, applied
Jet 60 Minute Cleaners Pty Ltd v Brownette (1982) ASC 55-203, considered
Bull v Attorney‑General (NSW) (1913) 17 CLR 370, considered
R v Kearney; Ex Parte Jurlama (1984) 52 ALR 24, considered
Zangzinchai v Milanta (1994) 125 ALR 265, considered
Federal Airports Corporation v Aerolineas Argentinas (1997) 76 FCR 582, distinguished
Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641, considered
JAN MOGENSEN v GERARD CONWAY
NG 944 of 1998
HILL, R D NICHOLSON AND EMMETT JJ
SYDNEY
9 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 944 of 1998
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
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