Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Denlay v Commissioner of Taxation (No 3) [2012] FCA 317 Citation: Denlay v Commissioner of Taxation (No 3) [2012] FCA 317
Parties: KEVIN VINCENT DENLAY v COMMISSIONER OF TAXATION MIRJA HELENA DENLAY v COMMISSIONER OF TAXATION
File number(s): QUD 151 of 2009 QUD 152 of 2009
Judges: LOGAN J
Date of judgment: 2 February 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – stay of legal proceedings consequent to applicants' filing of debtors' petitions – election by trustees in bankruptcy pursuant to s 60 of the Bankruptcy Act 1966 (Cth) – election to discontinue taxation appeal – no review by bankrupts of trustee's election to discontinue pursuant to s 178 of the Bankruptcy Act 1966 (Cth) – held no order required to stay legal proceedings as taxation appeal dismissed owing to express disclosure by bankrupts not to seek a review of trustee's election
Legislation: Archives Act 1983 (Cth) Bankruptcy Act 1966 (Cth) ss 60, 178
Cases cited: Bendigo Bank Limited v Demaria [2002] VSC 218 cited Cole v Challenge Bank Limited [2002] FCAFC 200 cited
Date of hearing: 2 February 2012
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