Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gao v Official Trustee in Bankruptcy (as Trustee of the Bankrupt Estate of Zhu)
[2002] FCA 1499 BANKRUPTCY – appeal dismissed - no error disclosed. Bankruptcy Act 1966 (Cth) Gao v The Official Trustee in Bankruptcy [2002] FCA 1363, referred to
Bietseen v Johnson (1989) 29 IR 336, applied
PENG YUAN GAO v THE OFFICIAL TRUSTEE IN BANKRUPTCY, AS TRUSTEE OF THE BANKRUPT ESTATE OF YU JING ZHU V 397 of 2002 MARSHALL J MELBOURNE 29 NOVEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 397 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PENG YUAN GAO
APPELLANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY, AS TRUSTEE OF THE BANKRUPT ESTATE OF YU JING ZHU
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 29 NOVEMBER 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 397 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PENG YUAN GAO
APPELLANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY, AS TRUSTEE OF THE BANKRUPT ESTATE OF YU JING ZHU
RESPONDENT
JUDGE: MARSHALL J
DATE: 29 NOVEMBER 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT
1 This is an appeal from a judgment of Federal Magistrate McInnes, delivered on 11 June 2002. His Honour dismissed an application made by the appellant on 1 May 2002 to the Federal Magistrates Court of Australia ("the FMC").
2 The appellant's application before the FMC was said to relate to the Bankruptcy Act 1966 (Cth) ("the Act"). The appellant represented himself before the FMC and before this Court, on appeal. In his submissions before both Courts he has been assisted by an interpreter as English is not his first language.
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