Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Daevys v Official Trustee in Bankruptcy; In the Matter of Daevys[2011] FCA 398 Citation: Daevys v Official Trustee in Bankruptcy; In the Matter of Daevys [2011] FCA 398
Parties: STUART DAEVYS v OFFICIAL TRUSTEE IN BANKRUPTCY
File number: NSD 134 of 2011
Judge: FLICK J
Date of judgment: 20 April 2011
Catchwords: BANKRUPTCY – proofs of debt admitted – review – re-hearing – onus on applicant – extension of time in which to seek review – application dismissed PRACTICE AND PROCEDURE – effect of discharge – admission of proofs of debt – review of – re-hearing
Legislation: Bankruptcy Act 1966 (Cth) ss 33, 55, 82, 84, 102, 104 and 153
Cases cited: BDT Holdings Pty Ltd v Piscopo [2009] FCA 151, cited Brindle, Re; Ex parte FB & FA McMahon Pty Ltd (1992) 35 FCR 506, considered Daevys v Official Trustee in Bankruptcy [2011] FCA 397, cited D K Rogers, Re; Ex parte CMV Parts Distributors Pty Ltd (1989) 20 FCR 561, referred to Cook, Re; Estate (1958) 18 ABC 162, considered Gosden v Dixon (1992) 107 ALR 329, considered Masters, Re; Ex parte Gerovich (Unreported, Federal Court of Australia, Toohey J, 30 July 1985), considered Payne; Ex parte Levi (Unreported, Federal Court of Australia, Toohey J, 23 September 1986), referred to Pegler v Dale [1975] 1 NSWLR 265, cited P T Garuda Indonesia Pty Limited v Grellman (1994) 48 FCR 252, cited Rocom International Pty Ltd v Prentice [2002] FCA 604, cited Wong, Re; Ex parte Wong v Donnelly (1995) 63 FCR 426, cited
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