Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
[2001] FCA 87
Martin & Anor v Commonwealth Bank of Australia
BANKRUPTCY - sequestration orders - appeal from Judge of Federal Court - primary Judge dismissing application for review of sequestration orders made by Registrar - whether primary Judge required to conduct hearing de novo - whether primary Judge did so - whether Full Court should re-exercise function exercised by primary Judge. Bankruptcy Act 1966 (Cth), ss 47(1), 52(1), 156A Federal Court of Australia Act 1976 (Cth), ss 27, 35A(5), 35A(6) Federal Court Rules, O 1 r 8, O 77 rr 4(2), 8, 18(1), 18(2), 19(2), 19(3), 19(4) Jageev Pty Ltd v Deane (FCA: Davies J, 15 May 1998, unreported) approved New Era Installations Pty Ltd v Don Mathieson & Staff Glass Pty Ltd (1999) 31 ACSR 53 approved Meehan v Alfaro (1999) 93 FCR 201 approved Harris v Caladine (1991) 172 CLR 84 referred to Cheeseman v Waters (1997) 77 FCR 221 followed D'Antuono v Minister for Health (1997) 80 FCR 226 referred to Colonial Mutual Life Assurance Society Ltd v Donnelly (1998) 82 FCR 418 considered Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137 referred to Allesch v Maunz (2000) 173 ALR 648 referred to Guss v Johnstone [2000] FCA 1455 (Drummond, Sackville and Dowsett JJ, 18 October 2000, unreported) referred to Butterworths, Practice and Procedure High Court and Federal Court of Australia, [40,650.1]
FREDERICK EDWIN MARTIN & LORRAINE BEVERLEY MARTIN v COMMONWEALTH BANK OF AUSTRALIA N 985 of 2000 NORTH, MANSFIELD & KATZ JJ SYDNEY
22 FEBRUARY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 985 of 2000
On appeal from a Judge of the Federal Court of Australia
BETWEEN: FREDERICK EDWIN MARTIN
& LORRAINE BEVERLEY MARTIN
APPELLANTS
AND: COMMONWEALTH BANK OF AUSTRALIA
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