Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stratton v Bowles (No 2) [2015] FCA 43 Citation: Stratton v Bowles (No 2) [2015] FCA 43
Appeal from: Bowles v Stratton [2014] FCCA 2270
Parties: MELINDA MARGARET STRATTON v ROBIN GLYN BOWLES
File number: VID 613 of 2014
Judge: BEACH J
Date of judgment: 3 February 2015
Catchwords: BANKRUPTCY – appeal of sequestration order – Family Court costs order basis for bankruptcy notice and petitioning creditor's debt – leave to appeal application on foot – cross-claim in State court on foot – whether creditor's petition should have been dismissed for "other sufficient cause" – Bankruptcy Act 1966 (Cth) s 52(2)(b) – meaning of "other sufficient cause" – whether Federal Circuit Court erred in failing to adequately consider prospects of success of leave to appeal (and any appeal) and cross-claim – whether Federal Circuit Court erred in failing to consider adjournment of the creditor's petition to await the outcome of Family Court leave to appeal application – appeal allowed and matter remitted
Legislation: Bankruptcy Act 1966 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 25(1AA)(a)
Cases cited: Adamopoulos v Olympic Airways SA (1990) 95 ALR 525 Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137 Ali v Retail Decisions Pty Ltd [2012] FCA 1130 Bayne v Baillieu (1907) 5 CLR 64 Cain v Whyte (1933) 48 CLR 639 Clyne v Deputy Commissioner of Taxation (1985) 5 FCR 1 Corney v Brien (1951) 84 CLR 343 Council of the City of Sydney v Obeid [2013] FCA 149 Deputy Commissioner of Taxation v Cumins (2008) 101 ALD 78 Hilellis v Mobil Oil Australia Ltd [2000] FCA 1139 ICM Agriculture Pty Ltd v Young (2009) 260 ALR 515 Olivieri v Stafford (1989) 24 FCR 413 Radich v Bank of New Zealand (1993) 45 FCR 101 Re Lewin; Ex parte Milner (1986) 11 FCR 312 Re Schmidt; Ex Parte Anglewood Pty Ltd (1968) 13 FLR 111 Re Verma; Ex parte Deputy Commissioner of Taxation (1984) 4 FCR 181 Rigg v Baker (2006) 155 FCR 531 Rozenbes v Kronhill (1956) 95 CLR 407 Russell v Polites Investments Pty Ltd [2012] FCA 11 Singh v Deputy Commissioner of Taxation [2011] FCA 889 St George Bank Ltd v Helfenbaum [1999] FCA 1337 Totev v Sfar (2008) 167 FCR 193
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