Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tarrant v Statewide Secured Investments Pty Ltd [2012] FCA 582 Citation: Tarrant v Statewide Secured Investments Pty Ltd [2012] FCA 582
Appeal from: Statewide Secured Investments Pty Ltd v Tarrant [2011] FMCA 861; Statewide Secured Investments Pty Ltd v Tarrant (No 2) [2011] FMCA 862
Parties: SANDRA LEE TARRANT v STATEWIDE SECURED INVESTMENTS PTY LTD
File number: NSD 1927 of 2011
Judge: KATZMANN J
Date of judgment: 6 June 2012
Catchwords: BANKRUPTCY – Appeal from sequestration order – where federal magistrate refused to adjourn creditor's petition – federal magistrate allowed the creditor's petition to be amended to correct judgment date and dispensed with service of the amended petition – federal magistrate refused to receive bankrupt's evidence where bankrupt required for cross-examination on her affidavits but did not attend – whether grounds of appeal disclose any appealable error
Legislation: Bankruptcy Act 1966 (Cth) ss 33, 52(2) Evidence Act 1995 (Cth) s 27 Federal Magistrates Act 1999 (Cth) s 64 Federal Magistrates Court Rules 2001 (Cth) rr 4.05, 7.01, 15.29A Uniform Civil Procedure Rules 2005 (NSW) rr 36.4(3), 36.6
Cases cited: Alexander v Jansson [2010] NSWCA 176 Allen v Allen [1894] P 248 Brambles Holdings Ltd v Trade Practices Commission (1979) 40 FLR 364 GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 House v The King (1936) 55 CLR 499 MacDonald, in the matter of MacDonald v Official Trustee in Bankruptcy [1999] FCA 1303 Moore v Wilson [2006] FCA 79 NMFM Property Pty Ltd v Citibank Ltd (No 8) (1999) 161 ALR 581; [1999] FCA 266 Port of Melbourne Authority v Anshun Pty Ltd (No 2) (1981) 147 CLR 589 Re James; Ex parte Carter Holt Harvey Roofing (Australia) Pty Ltd (No 2) (1994) 51 FCR 14 Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 Statewide Secured Investments Ltd v Hawkins & Tarrant [2011] NSWSC 144 Tarrant v Statewide Secured Investments Ltd [2011] NSWCA 248
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