Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burgess v Permanent Custodians Ltd [2010] FCA 986
Citation: Burgess v Permanent Custodians Ltd [2010] FCA 986
Appeal from: Permanent Custodians Ltd v Burgess [2010] FMCA 258
Parties: NARELLE SUSAN BURGESS v PERMANENT CUSTODIANS LTD
File number: NSD 349 of 2010
Judge: FLICK J
Date of judgment: 8 September 2010
Catchwords: BANKRUPTCY – making of sequestration order – onus on debtor
PRACTICE AND PROCEDURE – failure of appellant to appear – appeal heard in absence of appellant – failure to comply with undertaking – no error on the part of the Federal Magistrate
Legislation: Bankruptcy Act 1966 (Cth), s 52 Federal Court of Australia Act 1976 (Cth), s 25(2B) Federal Court Rules, O 52 r 38A
Cases cited: Bryant v Keith Harris & Co Ltd (1980) 49 FLR 137, cited Commissioner of Taxation v Cumins [2008] FCA 353; 101 ALD 78, cited Knight v Beyond Properties Pty Ltd [2010] FCA 337, distinguished National Mutual Holdings Pty Ltd v Sentry Corp (1988) 19 FCR 155, cited Permanent Custodians Ltd v Burgess [2010] FMCA 258, affirmed Re Verma; Ex parte Deputy Commissioner of Taxation (1984) 4 FCR 181, applied St George Bank Limited v Helfenbaum [1999] FCA 1337, applied SZISM v Minister for Immigration and Citizenship [2007] FCAFC 61, 158 FCR 292, cited
Date of hearing: 24 August 2010
Place: Sydney
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