Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Joan Freedom Rogers Pty Ltd v Prasad [2000] FCA 1049
BANKRUPTCY – creditor's petition – whether undated petition a nullity – whether absence of date merely a formal defect or irregularity – scope of "other sufficient cause" why a sequestration order ought not to be made – whether futility of a sequestration order a sufficient cause – circumstances in which the Court can go behind the judgment of another court superior jurisdiction Bankruptcy Act 1966 (Cth) ss 47(1A), 52, 306(1) Federal Court Rules O 77 r 16(1) ANZ Banking Group Ltd v Elferkh [1999] FCA 1049, considered Eterovic v Pavlovic (Federal Court, Heerey J, 26 June 1996, unreported), distinguished Re Betts, ex parte Betts [1897] 1 QB 50, cited Radich v Bank of New Zealand (1993) 116 ALR 676, cited In re Field (a debtor) [1977] 3 WLR 937, cited Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71, cited Wren v Mahony (1972) 126 CLR 212, followed JOAN FREEDOM ROGERS PTY LIMITED v NARENDRA PRASAD N 7184 of 2000 BRANSON J SYDNEY 4 AUGUST 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7184 of 2000
BETWEEN: JOAN FREEDOM ROGERS PTY LIMITED (ACN 074-686-838)
APPLICANT
AND: NARENDRA PRASAD
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 4 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Narendra Prasad. 2. [Costs].
THE COURT NOTES THAT:
3. The date of the act of bankruptcy is 29 December 1999. 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 N 7184 of 2000
BETWEEN: JOAN FREEDOM ROGERS PTY LIMITED (ACN 074-686-838)
APPLICANT
AND: NARENDRA PRASAD
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