Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kellow v Dudzinski [2003] FCA 103
BANKRUPTCY – application for sequestration order – whether creditors' petition can be signed by a solicitor on behalf of the creditors – whether bankruptcy notice founded on more than one judgment – whether court should go behind judgment where challenge to validity of bankruptcy notice dismissed and appeal from the decision unsuccessful – whether grounds of opposition relevant to question of "other sufficient cause" – whether made out Bankruptcy Act 1966 (Cth) ss 40, 41, 43, 44, 52, 308 Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Federal Court Rules O 62 r 40, O 62 r 46, O 77 Subrule 16(1)
Neil v Nott (1994) 121 ALR 148 followed Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 mentioned James v Federal Commissioner of Taxation (1955) 93 CLR 631 mentioned Cain v Whyte (1933) 48 CLR 639 referred to Ling v Enrobook Pty Ltd 74 FCR 19 referred to Re Schmidt ex parte Anglewood Pty Ltd (1968) 13 FLR 111 cited Re James ex parte Carter Holt Harvey Roofing (Aust) Pty Ltd(No 2) (1994) 51 FCR 14 cited Australia and New Zealand Banking Group Limited v Hubner (1999) FCA 1346 referred to
AYNSLEY KELLOW and OTHERS v WALDEMAR DUDZINSKI No Q 7022 of 2002 SPENDER J BRISBANE 20 FEBRUARY 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 7022 OF 2002
BETWEEN: AYNSLEY KELLOW
FIRST APPLICANT
ROY RICKSON
SECOND APPLICANT
ERROL STOCK
THIRD APPLICANT
BILL HOGARTH
FOURTH APPLICANT
CORDIA CHU
FIFTH APPLICANT
KEES HULSMAN
SIXTH APPLICANT
LYN HOLMAN
SEVENTH APPLICANT
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