Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Agresta v Taylor [2014] FCA 262 Citation: Agresta v Taylor [2014] FCA 262
Parties: FERDINANDO AGRESTA v BARRY ANTHONY TAYLOR
File number: NSD 1964 of 2013
Judge: JAGOT J
Date of judgment: 26 March 2014
Catchwords: BANKRUPTCY – application under Bankruptcy Act 1966 (Cth) s 178 and Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1) and 6(1)(a) to set aside decision of trustee in bankruptcy – trustee executed consent order dismissing proceedings instituted by bankrupt in District Court – discretion to refuse relief under Administrative Decisions (Judicial Review) Act 1977 (Cth) where broader relief available under other enactment – whether bankrupt entitled to bring District Court proceedings without consent of trustee in bankruptcy – whether District Court proceedings concerned after-acquired property – whether property held on trust by bankrupt for another – whether Bankruptcy Act 1977 (Cth) s 116(2)(a) applied
Legislation: Acts Interpretation Act 1901 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Bankruptcy Act 1966 (Cth) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Federal Court Rules 2011 (Cth)
Cases cited: Meriton Apartments Pty Limited v Industrial Court of New South Wales (2008) 171 FCR 380; [2008] FCAFC 172
Date of hearing: 28 February 2014
Date of last submissions: 14 March 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 46
Counsel for the Applicant: The applicant appeared in person
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