Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gore v Prentice (Trustee), in the matter of the Personal Insolvency Agreement of Gore [2012] FCA 660 Citation: Gore v Prentice (Trustee), in the matter of the Personal Insolvency Agreement of Gore [2012] FCA 660
Parties: CRAIG KIRRIN GORE v MAXWELL WILLIAM PRENTICE AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF CRAIG KIRRIN GORE, MAYFAIR LIMITED, CHINTZ CONSULTING INC and GUILLIAM CONSULTING GROUP LTD
File number: QUD 514 of 2011
Judge: LOGAN J
Date of judgment: 9 May 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – applicant's filing of debtor's petition – election by trustees in bankruptcy pursuant to s 60 of the Bankruptcy Act 1966 (Cth) to discontinue application – whether order of dismissal as opposed to an order for discontinuance should be made – use of 'discontinuance' in s 60(2) of the Bankruptcy Act 1966 (Cth) does not foreclose ability of Court to order dismissal
Legislation: Bankruptcy Act 1966 (Cth) ss 60, 104
Cases cited: Cole v Challenge Bank Limited [2002] FCAFC 200 considered Denlay v Commissioner of Taxation (No 3) [2012] FCA 317 followed Savage v Australian Unity Funds Management Ltd [2011] NSWCA 270 followed Willoughby v Clayton Utz [No 2] [2009] WASCA 29 considered
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