Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donnelly (Trustee) v Windoval Pty Limited (Trustee), In the Matter of Donnelly (Trustee) [2012] FCA 943 Citation: Donnelly (Trustee) v Windoval Pty Limited (Trustee), In the Matter of Donnelly (Trustee) [2012] FCA 943
Parties: MAX CHRISTOPHER DONNELLY, THE TRUSTEE OF THE PROPERTY OF DAVID NEIL BONNELL, A BANKRUPT v WINDOVAL PTY LIMITED (ACN 057 062 307) AS TRUSTEE OF THE BONNELL FAMILY TRUST, LAWJAG PTY LIMITED (ACN 086 289 590), SPRING COVE MANAGEMENT PTY LIMITED (ACN 095 502 798), BONDCALL PTY LIMITED (ACN 091 946 137) and MARK DEUTSCH; IN THE MATTER OF MAX CHRISTOPHER DONNELLY, THE TRUSTEE OF THE PROPERTY OF DAVID NEIL BONNELL, A BANKRUPT
File number: NSD 522 of 2012
Judge: FOSTER J
Date of judgment: 31 August 2012
Catchwords: PRACTICE AND PROCEDURE – whether the whole of the proceeding should be summarily dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) – whether the Statement of Claim should be struck out pursuant to r 16.21 of the Federal Court Rules 2011 – whether particulars of certain allegations made in the Statement of Claim should be ordered
Legislation: Bankruptcy Act 1966 (Cth), ss 5(2), 5(3), 58, 121 Conveyancing Act 1919 (NSW), s 37A Federal Court of Australia Act 1976 (Cth), s 31A Income Tax Assessment Act 1936 (Cth), s 82AAA and s 82AAE Federal Court Rules 2011, rr 16.02, 16.03, 16.21, 16.43 Federal Court Rules, O 11 r 16(a)
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