Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Russell v Polites Investments Pty Ltd [2012] FCA 11 Citation: Russell v Polites Investments Pty Ltd [2012] FCA 11
Appeal from: Russell v Polites Investments Pty Ltd [2011] FMCA 476
Parties: DOUGLAS CHARLES RUSSELL v POLITES INVESTMENTS PTY LTD
File number: SAD 168 of 2011
Judge: FLICK J
Date of judgment: 16 January 2012
Catchwords: BANKRUPTCY – "other sufficient cause" – outstanding litigation – abuse of process – stifling of litigation – appeal dismissed PRACTICE AND PROCEDURE – application for adjournment of hearing of appeal – application dismissed
Legislation: Bankruptcy Act 1924-1932 (Cth) Bankruptcy Act 1966 (Cth) s 52 Federal Court Rules 2011 Freedom of Information Act 1982 (Cth)
Cases cited: Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137, referred to Bayne v Baillieu; Bayne v Riggall (1908) 6 CLR 382, referred to Burgess v Permanent Custodians Ltd [2010] FCA 986, cited Cain v Whyte (1933) 48 CLR 639, referred to Cavoli v Etl [2007] FCA 1191, cited Conley v Commonwealth Bank of Australia [2006] FCA 1255, cited Cosco v Tsatsoulis [2002] FCA 358, 189 ALR 559, cited Deputy Commissioner of Taxation v Caporale Group Pty Ltd [2011] FCA 1189, cited Deputy Commissioner of Taxation v Cumins [2008] FCA 353, 101 ALD 78, considered Dolman, Re; Ex parte Elder Smith Goldsbrough Mort Ltd (1967) 10 FLR 384, referred to Gould v Day [2000] FCA 1673, referred to Hilellis v Mobil Oil Australia Ltd [2000] FCA 1139, cited ICM Agriculture Pty Ltd v Young [2009] FCA 1169, 260 ALR 515, cited Killoran v Duncan [1999] FCA 1574, considered Maxwell-Smith v S & E Hall Pty Ltd [2006] FCA 825, 233 ALR 81, cited Narain v Euroasia (Pacific) Pty Ltd [2010] FCA 1352, considered R v Davison (1954) 90 CLR 353, cited Rigg v Baker [2006] FCAFC 179, 155 FCR 531, cited Rozenbes v Kronhill (1956) 95 CLR 407, referred to Russell v Polites Investments Pty Ltd [2011] FMCA 476, considered Russell v Polites Princes Group of Companies [2009] SADC 73, considered Russell v Polites Investments Pty Ltd [2011] SADC 30, considered Sarina v Council of the Shire of Wollondilly (1980) 48 FLR 372, referred to Seller v Deputy Commissioner of Taxation [2011] FCA 865, cited Singh v Deputy Commissioner of Taxation [2011] FCA 889, cited Slack v Bottoms English Solicitors [2002] FCA 1445, cited Smart v Esanda Finance Corp Ltd [2000] FCA 235, cited St George Bank Ltd v Helfenbaum [1999] FCA 1337, referred to Yang v Mead [2009] FCA 1202, cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate