Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shaw v Yarranova Pty Ltd [2014] FCA 557 Citation: Shaw v Yarranova Pty Ltd [2014] FCA 557
Appeal from: Shaw v Yarranova Pty Ltd [2013] FCCA 1627
Parties: JOHN RASHLEIGH SHAW v YARRANOVA PTY LTD (ACN 077 517 616) and NEWQUAY STAGE 2 PTY LTD (ACN 086 482 644)
File number: VID 1180 of 2013
Judge: BROMBERG J
Date of judgment: 28 May 2014
Catchwords: BANKRUPTCY – appeal of dismissal of application to set aside a bankruptcy notice – whether appellant denied procedural fairness because his application for an adjournment was refused – whether the appellant was denied an opportunity to cross-examine and whether any such denial resulted in a denial of procedural fairness – whether discretion to extend the time for compliance with a bankruptcy notice conferred by s 41(6A) of the Bankruptcy Act 1966 (Cth) miscarried – whether bankruptcy notice was invalid because it was capable of reasonably misleading the debtor – appeal dismissed.
Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(6A), (6C), 41(2) 41(7) Evidence Act 1995 (Cth) s 91
Cases cited: Shaw v Yarranova Pty Ltd [2013] FCCA 1627 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 87 ALJR 458 Bhagat v Global Custodians Ltd [2002] FCAFC 51 House v R (1936) 55 CLR 499 Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 James v Federal Commissioner of Taxation (1955) 93 CLR 631
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