Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martinek v Commonwealth Bank of Australia [2014] FCA 578 Citation: Martinek v Commonwealth Bank of Australia [2014] FCA 578
Appeal from: Commonwealth Bank of Australia v Martinek [2013] FCCA 2321
Parties: JAMES BARRY MARTINEK and PATRICIA MAREE MARTINEK v COMMONWEALTH BANK OF AUSTRALIA LIMITED
File number: QUD 860 of 2013
Judge: PAGONE J
Date of judgment: 4 June 2014
Catchwords: BANKRUPTCY – application to set aside sequestration order – appeal by way of rehearing – whether debtor had viable cross-claim equal to or exceeding amount of judgment debt subject of creditor's petition – discretion of Federal Circuit Court to adjourn or dismiss creditor's petition to allow debtor to pursue cross-claim.
Legislation: Bankruptcy Act 1966 (Cth), ss 40(1)(g), 52 Federal Court of Australia Act 1976 (Cth), s 24(1)(d)
Cases cited: Allesch v Maunz (2000) 203 CLR 172 Commonwealth of Australia v Martinek [2014] FCCA 2321 George v Deputy Commissioner of Taxation (2004) 212 ALR 496 ICM Agriculture Pty Ltd v Young (2009) 260 ALR 515 Rigg v Baker (2006) 236 ALR 629 Thredgold v Fyfe Pty Ltd [2013] FCA 1363 Totev v Sfar (2008) 167 FCR 193 Westpac Banking Group v Tsatsoulis [2003] FCA 406 Wren v Mahony (1972) 126 CLR 212
Date of hearing: 27 May 2014
Date of last submissions: 27 May 2014
Place: Melbourne
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate