Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Atkinson v Oakleigh Holdings Pty Ltd [2000] FCA 1547 BANKRUPTCY – bankruptcy notice – application to set aside notice or extend time for compliance – application for special leave to appeal to High Court against Court of Appeal decision affirming judgment on which notice based – non compliance with form as amended by Bankruptcy Amendment Regulations 2000 (No 2) in that no reference made to Federal Magistrates Court
Bankruptcy Act 1966 (Cth) s 306 Acts Interpretation Act 1901 (Cth) s 48(1)(a), (b) Bankruptcy Amendment Regulations 2000 (No 2), SR 2000 No 220 Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137 at 148 mentioned Adamopoulos v Olympic Airways (1990) 95 ALR 525 at 531 mentioned Guss v Johnstone [2000] FCA 1455 mentioned Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 followed Re Geard (Sheppard J, 11 February 1994) followed Re Smith (Whitlam J, 9 May 1994) followed Agrillo v Codispoto (Sackville J, 10 December 1994) followed Arthur JS Hall & Co v Simons [2000] 2 WLR 543 mentioned Giannarelli v Wraith (1988) 165 CLR 543 mentioned Vozza v Tooth & Co Ltd [1963] NSWR 1675 at 1684 and 1689 mentioned Lee v McNulty [2000] FCA 1519 followed Trustees of the Franciscian Missionaries of Mary v Weir (2000) 98 FCR 447 mentioned Bendigo Bank v Williams (2000) 98 FCR 377 at 389 followed Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 at 79 applied Toowomba Foundry Pty Ltd v Commonwealth (1945) 71 CLR 545 at 568-9, 575 and 587-8 applied Tefonu Pty Ltd v Insurance & Superannuation Commissioner (1993) 44 FCR 361 at 368 mentioned Arthur JS Hall & Co v Simons [2000] 2 WLR 543 mentioned
JAMES ATKINSON v OAKLEIGH HOLDINGS PTY LIMITED
NO. V 7400 OF 2000
HEEREY J
3 NOVEMBER 2000
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 7400 of 2000
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