Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McElligott v Boyce [2013] FCA 804 Citation: McElligott v Boyce [2013] FCA 804
Appeal from: Boyce v McElligott (No 2) [2012] FMCA 909
Parties: LORAIN RONDA MCELLIGOTT v PETER GERARD BOYCE, ALAN WILLIAM CLARKE, SIMONE ELIZABETH PEARCE and GEOFFREY JOHN BARR
File number: QUD 352 of 2012
Judge: COLLIER J
Date of judgment: 13 August 2013
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside sequestration order of Federal Magistrate – bankruptcy notice founded on costs order made by Court of Appeal of Queensland in related litigation – allegations of fraud by applicant against respondent creditors – whether genuine dispute in relation to debt – whether Federal Magistrate should "look behind" decision of Court of Appeal
Legislation: Corporations Act 2001 (Cth) ss 109X, 459C, 459E, 459H
Cases cited: McElligott v Boyce [2011] QCA 117 cited Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 cited
Date of hearing: 8 March 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
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