Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hussain v King Investment Solutions Pty Ltd [2006] FCA 905
BANKRUPTCY – whether notice pursuant to s 41(5) can be given by service of application to set aside bankruptcy notice PRACTICE AND PROCEDURE – whether service in accordance with r 30.02(4) of Federal Magistrates Court Rules 2001 mandatory – whether late served application a nullity
WORDS AND PHRASES – 'gives notice'
Bankruptcy Act 1966 (Cth), s 41(5), s 306 Federal Proceedings (Costs) Act 1981 (Cth) Federal Magistrates Court Rules 2001, r 1.06, r 30.02(4)
Hussain v King Investment Solutions [2006] FMCA 426 reversed Centurian Constructions Pty Ltd v Beca Developments Pty Ltd (In Liq) (1996) 129 FLR 364 cited Crimmins v Glenview Home Units [1999] FCA 515 discussed David Grant & Co Pty Limited (Receiver Appointed) v Westpac Banking Corporation (1995) 184 CLR 265cited Hubner v Australia and New Zealand Banking Group Ltd (1999) 88 FCR 445 cited Seovic Civil Engineering Pty Ltd v Groeneveld (1999) 87 FCR 120 distinguished FAHMI MUSTAFA HUSSAIN AND MERAJ ATHER HUSSAIN v KING INVESTMENT SOLUTIONS PTY LTD ACN 077 985 392 NSD 706 OF 2006
GYLES J
14 JULY 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 706 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: FAHMI MUSTAFA HUSSAIN
First Appellant
MERAJ ATHER HUSSAIN
Second Appellant
AND: KING INVESTMENT SOLUTIONS PTY LTD ACN 077 985 392
Respondent
JUDGE: GYLES J
DATE OF ORDER: 14 JULY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders of the Federal Magistrates Court of 21 March 2006 be set aside. 3. The matter be remitted to the Federal Magistrates Court for further hearing. 4. The respondent pay the costs of the appellants of this appeal.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate