Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fazio (Executor) v Passmore [2011] FCA 273 Citation: Fazio (Executor) v Passmore [2011] FCA 273
Parties: ARTURO FAZIO AS EXECUTOR OF THE ESTATE OF THE LATE SAMANTHA UNDERDOWN v VINCENSA PASSMORE
File number: WAD 287 of 2010
Judge: SIOPIS J
Date of judgment: 25 March 2011
Catchwords: BANKRUPTCY – creditor's petition for the administration of a deceased estate pursuant to s 244 of the Bankruptcy Act 1966 (Cth) – administration order made by District Registrar - application for an extension of time to seek review of the decision of the District Registrar under s 35A of the Federal Court of Australia Act 1976 (Cth) – whether the petition should be dismissed or adjourned for "other sufficient cause" pursuant to s 244(12) of the Bankruptcy Act 1966 (Cth) – whether an institution of an appeal against the judgment debt constitutes "other sufficient cause" – whether distress, grief and suffering comprise "other sufficient cause". PRACTICE AND PROCEDURE – personal representative of deceased entered an appearance to the petition – personal representative disputed whether there had been personal service of the petition – whether O 7 r 1(3) of the Federal Court Rules to be construed as not having effect where process server trespasses in the course of serving originating process.
Legislation: Federal Court of Australia Act 1976 (Cth) s 35A Bankruptcy Act 1966 (Cth) Pt XI, ss 244, 244(1), (5), (6), (9), (11), (12), (13) Federal Court Rules O 7 rr 1(1), 1(3) Federal Court (Bankruptcy) Rules 2005 r 1.03(2)
Cases cited: Passmore v Underdown (Deceased) [2010] FCA 70 Plenty v Dillon (1991) 171 CLR 635
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