Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Australia Bank Limited v Carideo
[2000] FCA 688
BANKRUPTCY – judgment debt – power of court to go behind judgment – whether power should be exercised GUARANTEE AND INDEMNITY – continuing guarantee – granted for fixed period – obligations of surety
Bankruptcy Act 1966 (Cth)
Bank of Credit and Commerce International SA v Simjee [1997] CLC 135, applied Clayton's Case (1816) 1 Mer 572, referred to Corney v Brien (1951) 84 CLR 343, referred to Emerson v Wreckair Pty Ltd (1992) 33 FCR 581, applied In re Flatau; ex parte Scotch Whisky Distillers Limited (1889) 22 QBD 83, referred to In re Fraser; ex parte Central Bank of London [1892] 2 QB 633, referred to National Westminster Bank plc v French (unreported, English Court of Appeal, Robert Goff J, 20 October 1977), applied National Westminster Bank plc v Hardman (unreported, English Court of Appeal, Lord Parker and Caulfield J, 11 November 1987), not followed Re Quest (1985) BCLC 266, referred to Re Riviere; Ex parte Original Mont de Piete Ltd (1919) 20 SR(NSW) 77, applied Thomas v Nottingham Inc Football Club Ltd [1972] 1 Ch 596, applied Westminster Bank Ltd v Sassoon The Times, 27 November 1926, applied Wren v Mahony (1971-72) 126 CLR 212, referred to NATIONAL AUSTRALIA BANK LIMITED v CARIDEO V 7044 of 2000 JUDGE: FINKELSTEIN J DATE: 5 MAY 2000 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V7044 of 2000
BETWEEN: NATIONAL AUSTRALIA BANK LIMITED
Applicant
AND: TERESA MARIA CARIDEO
Respondent
JUDGE: FINKELSTEIN J
DATE OF ORDER: 5 MAY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of the respondent, Teresa Maria Carideo. 2. The applicant's costs of and incidental to the petition, including reserved costs, be taxed and paid in accordance with statute. 3. The date of the act of bankruptcy is 10 January 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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