Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Guss v Johnstone [2000] FCA 1455
BANKRUPTCY – sequestration order – whether primary Judge applied incorrect test in assessing whether debtor had good claim against substituted creditor.
PRACTICE AND PROCEDURE – whether adjournment of hearing should have been granted pending application for special leave to appeal to the High Court – discretion of the Full Court to receive further evidence on appeal against the making of a sequestration order – principles governing admission of further evidence – cogency required.
Bankruptcy Act 1966 (Cth), ss 43(1), 49, 52(2)(b), 52(3), 52(5).
Federal Court of Australia Act 1976 (Cth), s 27.
Family Law Act 1975 (Cth), s 93A.
Transfer of Land Act 1958 (Vic), s 77.
Coleman v Lazy Days Investments Pty Limited (1994) 55 FCR 297, cited.
Guss v Johnstone (2000) 171 ALR 598, cited.
Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 136, cited.
Adamopoulous v Olympic Airways SA (1990) 95 ALR 525, cited.
Cockerill v Westpac Banking Corporation (unreported, Drummond J, 7 April 1997), cited.
Sali v SPC Ltd (1993) 116 ALR 625, cited.
Re Young; Ex parte Smith (1985) 5 FCR 204, cited.
Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111, applied. Ling v Enrobook Pty Ltd (1997) 74 FCR 19, cited.
CDJ v VAJ (1998) 197 CLR 172, applied.
Orr v Holmes (1948) 76 CLR 632, cited. Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435, cited. Totterdell v Nelson (1990) 26 FCR 523, cited. Maddestra v Penfold Wines Pty Ltd (1993) 44 FCR 303, cited. Goldcel Nominees Pty Ltd (Provisional Liquidator Appointed) v Network Finance Ltd [1983] 2 VR 257, cited. JOSEPH GUSS V RAYMOND JOHNSTONE & GEELONG BUILDING SOCIETY (IN LIQUIDATION) V 1 of 1999
DRUMMOND, SACKVILLE & DOWSETT JJ
18 OCTOBER 2000
SYDNEY (HEARD IN MELBOURNE)
IN THE FEDERAL COURT OF AUSTRALIA
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