Commonwealth Bank of Australia v Pattison [2012] FCA 1397

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Pattison [2012] FCA 1397 Citation: Commonwealth Bank of Australia v Pattison [2012] FCA 1397

Parties: COMMONWEALTH BANK OF AUSTRALIA v PAUL ANTHONY PATTISON

File number: VID 35 of 2012

Judge: JESSUP J

Date of judgment: 17 December 2012

Catchwords: BANKRUPTCY – application for grant of a sequestration order – where sequestration order resisted on basis of "sufficient cause" pursuant to s 52(2)(b) of Bankruptcy Act 1966 (Cth) – whether sequestration order would prevent respondent from proceeding with appeal in another court – where respondent alleges successful appeal would allow him to satisfy outstanding debts - whether sequestration order would be futile – whether sequestration order sought for improper purpose of preventing respondent from prosecuting appeal in another court – whether alleged impediment to prosecuting appeal, alleged futility or alleged improper purpose "sufficient cause" to decline grant of sequestration order pursuant to s 52(2)(b) of Bankruptcy Act 1966 (Cth) PRACTICE AND PROCEDURE – notice to produce – where notice broad-ranging in scope – where notice served shortly before commencement of trial – whether satisfactory explanation for late service of notice – whether notice must be complied with PRACTICE AND PROCEDURE – application to amend grounds of opposition – where proposed ground would open new area of factual controversy – whether sufficient explanation for non-inclusion of proposed ground

Legislation: Bankruptcy Act 1966 (Cth) ss 43, 52 Corporations Act 2001 (Cth) ss 436, 494, 496, 536, Part 5.5 Federal Court of Australia Act 1976 (Cth) ss 37M and 37N Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) s 22 Income Tax Assessment Act 1936 (Cth), ss 222AOB, 222 AOE Federal Court Rules 2011 (Cth) rr 1.34, 9.09(2), 30.28(3)