Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gore v Prentice (Trustee), in the matter of the Personal Insolvency Agreement of Gore [2012] FCA 104 Citation: Gore v Prentice (Trustee), in the matter of the Personal Insolvency Agreement of Gore [2012] FCA 104
Parties: CRAIG KIRRIN GORE v MAXWELL WILLIAM PRENTICE AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF CRAIG KIRRIN GORE and ANTHONY JOHN WARNER
File number: QUD 669 of 2011
Judge: LOGAN J
Date of judgment: 3 January 2012
Catchwords: PRACTICE AND PROCEDURE – interlocutory injunctions – whether serious question to be tried – where applicant alleged second respondent was not or appeared not to be impartial – where second respondent was partner of liquidator of a company of which the applicant was a director – no serious question to be tried – where balance of convenience favoured the respondent – interlocutory application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 156A, 160, 178, 179, 222A, 231 Corporations Act 2001 (Cth) ss 180, 181, 182, 183, 184 Federal Court of Australia Act 1976 (Cth) s 23 Bankruptcy Regulations 1996 (Cth) Sch 6
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 followed Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 referred to Starkey v Rondo Building Services Pty Ltd (2005) 145 FCR 423 considered
Date of hearing: 3 January 2012
Place: Brisbane
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