Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Duus v Dalvella Pty Ltd (No. 3) [2008] FCA 546 PRACTICE AND PROCEDURE – consideration of an application to strike out an Amended Statement of Claim – consideration of contentions relating to s 121 of the Bankruptcy Act 1966 (Cth)
Bankruptcy Act 1966 (Cth), s 121 Bankruptcy Legislation Amendment Act 1996 (Cth), Item 208, Schedule 1; Item 457, Schedule 1 Federal Court Rules, Order 11, r 16 Duus v Dalvella Pty Ltd [2007] FCA 1921 - cited Barton v Deputy Federal Commissioner of Taxation (1974) 131 CLR 370 - cited PT Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 - cited DM Cannane & Anor v J Cannane Pty Ltd (1998) 192 CLR 557 - cited Ebner v Official Trustee in Bankruptcy (1999) 91 FCR 353 - cited Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 - cited Australian Competition and Consumer Commission v Fox Symes & Associates Pty Ltd [2005] FCA 1071 - cited BWK Elders Australia Pty Ltd v Westgate Wool Company Pty Ltd & Ors (No. 2) [2002] FCA 87 - cited Pan Continental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405 - cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 - cited ROSS ANDREW DUUS AND DAVID JOHN CRANSTOUN v DALVELLA PTY LTD (ACN 076 620 409) (IN ITS CAPACITY AS TRUSTEE OF THE CLIFFSIDE TRUST) AND DONEMATE PTY LTD (ACN 076 620 454) (IN ITS CAPACITY AS TRUSTEE FOR THE KINGS BEACH TRUST) QUD28 OF 2007
GREENWOOD J
23 APRIL 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD28 OF 2007
BETWEEN: ROSS ANDREW DUUS
First Applicant
DAVID JOHN CRANSTOUN
Second Applicant
AND: DALVELLA PTY LTD (ACN 076 620 409) (IN ITS CAPACITY AS TRUSTEE OF THE CLIFFSIDE TRUST)
First Respondent
DONEMATE PTY LTD (ACN 076 620 454) (IN ITS CAPACITY AS TRUSTEE FOR THE KINGS BEACH TRUST)
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