Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macchia v Nilant (Trustee) [2006] FCA 213
PRACTICE AND PROCEDURE – summary dismissal – Anshun estoppel – special circumstances ‑ abuse of process – relitigation of issues BANKRUPTCY – statements of affairs – whether to be treated as having been filed at a date earlier than it was actually filed
Bankruptcy Act 1966 (Cth) Pt X, ss 30, 30(1), 30(1)(b), 33(1)(c), 33A, 33A(3), 54, 54(1), 55(3A), 146, 149, 149(1), 149(3), 188, 306, 306(1) Bankruptcy Legislation Amendment Act 2002 (Cth)
Federal Court Rules O 20 r 2(1)
Re; Mario Silverio Macchia Ex parte; Mario Silverio Macchia v Charles Philippe Louis Nilant as Trustee of the Bankrupt Estate of Mario Silverio Macchia [1997] FCA 246 cited Re; Rohde (1993) 42 FCR 149 cited Nilant v Macchia (1997) 78 FCR 419 cited Macchia v Nilant [2000] FCA 353 cited Nilant v Macchia (2000) 104 FCR 238 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied Dumitrasku v Official Receiver in Bankruptcy [2003] FMCA 477 distinguished Baral v Official Trustee in Bankruptcy [1999] FCA 77 distinguished Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 146 FCR 10 applied Spalla v St George Motor Finance Ltd (No 6) [2004] FCA 1669 applied State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Torts Reports 81‑423 applied Webster v Lampard (1993) 177 CLR 598 cited MARIO SILVERIO MACCHIA v CHARLES PHILIPPE LOUIS NILANT (As trustee of the bankrupt Estate of Mario Silverio Macchia) WAD 127 OF 2005 SIOPIS J 13 MARCH 2006 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 127 OF 2005
BETWEEN: MARIO SILVERIO MACCHIA
APPLICANT
AND: CHARLES PHILIPPE LOUIS NILANT
(as trustee of the bankrupt Estate of Mario Silverio Macchia)
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