Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spencer v Lane Rowin Pty Ltd [2007] FCA 1519
BANKRUPTCY – Related appeals from decisions of same Federal Magistrate – Where Federal Magistrate refused two applications to set aside bankruptcy notices – Whether overstatement in each of the notices – Further appeal against sequestration order made against the estate of one of the appellants – Whether sequestration order ought not have been made – Whether Federal Magistrate should have disqualified himself on the ground of bias – Whether adjournment should have been granted to one of the appellants to put on further evidence as to her ability to pay her debts Bankruptcy Act 1966 (Cth) ss 41(5), 52(2)(a), 153B
Emerson v Wreckair Pty Ltd (1992) 33 FCR 581 followed House v R (1936) 55 CLR 499 cited Livesey v NSW Bar Association (1983) 151 CLR 288 applied Perovich v Traditional Values Management Limited [2006] FMCA 1471 discussed Sali v SPC Limited (1993) 116 ALR 625 cited Sydney City Council v Ke-Su Investments Pty Ltd (1985) 1 NSWLR 246 referred to Re Greenhill; ex parte Myer (NSW) Limited (1984) 5 FCR 84 distinguished Re Wilson v Official Trustee in Bankruptcy [1999] FCA 1760 discussed Vakauta v Kelly (1989) 167 CLR 568 referred to Water Board v Moustakas (1988) 180 CLR 491 referred to RICHARD WILLIAM SPENCER v LANE ROWIN PTY LTD (A.C.N. 064 310 999) QUD 167 OF 2007 SILVANA PEROVICH v LANE ROWIN PTY LTD (A.C.N. 064 310 999) QUD 168 OF 2007 SILVANA PEROVICH v LANE ROWIN PTY LTD (A.C.N. 064 310 999) QUD 264 OF 2007
TRACEY J
15 OCTOBER 2007
MELBOURNE (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 167 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: RICHARD WILLIAM SPENCER
Appellant
AND: LANE ROWIN PTY LTD (A.C.N. 064 310 999)
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