Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ozer v Australian Liquor Marketers Pty Ltd [2000] FCA 291
BANKRUPTCY – conduct of bankrupt relevant to determining whether judicial discretion should be exercised to grant annulment of bankruptcy – "adverse conduct" of bankrupt relevant – circumstances in which exercise of discretion should be reconsidered – exercise of discretion without knowledge of all relevant facts such a circumstance
Bankruptcy Act 1966 (Cth)s153B
Crimes Act 1914 (Cth) s7(1), s269(1)(a)
Marek v Tregenza (1963) 109 CLR 1 applied
House v The King (1936) 55 CLR 499 applied
R v Scott (1996) 137 ALR 347 referred to NAZILE OZER v AUSTRALIAN LIQUOR MARKETERS PTY LTD & ANOR N 1230 OF 1999 FINN, MARSHALL & GOLDBERG JJ SYDNEY 20 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1230 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NAZILE OZER
APPELLANT
AND: AUSTRALIAN LIQUOR MARKETERS PTY LTD
FIRST RESPONDENT
SCOTT PASCOE
SECOND RESPONDENT
JUDGES: FINN, MARSHALL AND GOLDBERG JJ
DATE OF ORDER: 20 MARCH 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The matter be remitted to the primary judge for reconsideration. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1230 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NAZILE OZER
APPELLANT
AND: AUSTRALIAN LIQUOR MARKETERS PTY LTD
FIRST RESPONDENT
SCOTT PASCOE
SECOND RESPONDENT
JUDGES: FINN, MARSHALL AND GOLDBERG JJ
DATE: 20 MARCH 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
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