Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Krpina v Arrow Sun Australia Pty Ltd [2015] FCA 63 Citation: Krpina v Arrow Sun Australia Pty Ltd [2015] FCA 63
Appeal from: Krpina v Arrow Sun Australia Pty Ltd & Ors [2014] FCCA 1007
Parties: MIRO KRPINA v ARROW SUN AUSTRALIA PTY LTD (ACN 136 865 408), KENNETH STEWART SELLERS and ALICE FAYE RUHE
File number: VID 293 of 2014
Judge: BEACH J
Date of judgment: 13 February 2015
Catchwords: BANKRUPTCY – appeal against dismissal of review of sequestration order – various errors alleged in Federal Circuit Court decision – alleged defects in bankruptcy notice and creditor's petition – alleged solvency – alleged lack of procedural fairness – complaints about conduct of trustees – no error found – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 41(1)(a), 44(1)(a), 47, 52, 306(1) Civil Procedure Act 2010 (Vic) Federal Circuit Court of Australia Act 1999 (Cth) s 104(2) Federal Circuit Court Rules 2001 (Cth) rr 12.02, 12.03 Federal Court of Australia Act 1976 (Cth) s 25(1AA)(a) Supreme Court Act 1986 (Vic) ss 33, 58(1)
Cases cited: Adams v Lambert (2006) 228 CLR 409 Circle Credit Co Op Ltd v Lilikakis (2000) 99 FCR 592 Sandell v Porter (1966) 115 CLR 666 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445
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