Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pedersen v Delaveris [2010] FCA 536 Citation: Pedersen v Delaveris [2010] FCA 536
Parties: DEBORAH EVE PEDERSEN v NICHOLAS DELAVERIS and ANDREW HUGH JENNER WILY as trustee of the bankrupt estate of Nicholas Delaveris
File number: NSD 539 of 2010
Judge: NICHOLAS J
Date of judgment: 27 May 2010
Catchwords: BANKRUPTCY – application pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) for leave for the applicant to continue proceedings in the New South Wales Supreme Court against the first respondent (a bankrupt) Held: application granted – grant of leave was not inconsistent with the purposes of bankruptcy law – in the circumstances, no significant disadvantage to unsecured creditors if the Supreme Court proceedings continued
Legislation: Bankruptcy Act 1966 (Cth) s 58(3) Property (Relationships) Act 1984 (NSW) Conveyancing Act 1919 (NSW) s 66G
Cases cited: Allanson v Midlands Credit Ltd & Anor (1977) 16 ALR 43 applied Re McMaster; Ex parte McMaster (1991) 33 FCR 70 cited Fraser v Commissioner of Taxation (1996) 69 FCR 99 cited
Date of hearing: 26 May 2010
Date of last submissions: 27 May 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: T. J. Morahan
Solicitor for the Second Respondent: P. Beazley
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