Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBA Music Pty Ltd v Hall (No 2) [2014] FCA 1116 Citation: SBA Music Pty Ltd v Hall (No 2) [2014] FCA 1116
Parties: SBA MUSIC PTY LTD (ACN 009 310 525) and SBA MUSIC SOLUTIONS PTY LTD (ACN 009 434 584) v WAYNE HALL
File number: NSD 1587 of 2013
Judge: WIGNEY J
Date of judgment: 13 October 2014
Catchwords: BANKRUPTCY – application for leave to continue with and take fresh steps in proceedings against a bankrupt under s 58(3) of the Bankruptcy Act 1966 – whether proceedings are in respect of a provable debt – whether the demand the subject of the proceedings arises otherwise than by reason of a contract, promise or breach of trust – whether Court should proceed on the basis that leave is required – whether discretion should be exercised to grant leave under s 58(3) – principles relevant to the exercise of discretion – leave under s 58(3) to commence proceedings in the Family Court
Legislation: Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Family Law Act 1975 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Allanson v Midland Credit Ltd (1977) 16 ALR 43 Australian Competition and Consumer Commission v Black on White Pty Ltd (2004) 138 FCR 314 Barewa Oil and Mining NL (in liq) v Isim Mineral Development Pty Ltd & Ors (1981) 38 ALR 288 Cornelius v Barewa Oil and Mining NL (in liq) (1982) 42 ALR 83. Fraser v Commissioner of Taxation (1996) 69 FCR 99 Macquarie Bank Ltd v Bardetta (2005) 216 ALR 670 Pedersen v Delaveris [2010] FCA 536 Re Rose; Ex parte Devaban Pty Ltd (unreported, Federal Court of Australia, Hill J, 7 October 1994) Re Sharp; Ex parte Tietyens Investments Pty Ltd [1998] FCA 1367
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