Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Cahill [2015] FCA 314 Citation: Garrett v Cahill [2015] FCA 314
Appeal from: Garrett v Cahill [2015] FCCA 26
Parties: ANDREW MORTON GARRETT v FRANCIS MICHAEL CAHILL
File number: VID 49 of 2015
Judge: BEACH J
Date of judgment: 31 March 2015
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from decision of the Federal Circuit Court dismissing application to set aside bankruptcy notice – alleged cross-claims against creditor – s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – alleged denial of procedural fairness by failure to adjourn – application to adduce new evidence granted – no error of law or fact – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 30(1), 33(1), 40(1)(g), 41(6A), 41(7), 52(2)(b) Federal Court of Australia Act 1976 (Cth) ss 25(1AA)(a), 27, 37AO, 37AR
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Ebert v Union Trustee Co of Australia Ltd (1960) 104 CLR 346 Endresz v Australian Securities and Investments Commission (No 2) [2015] FCAFC 33 Garrett v Commissioner of Taxation [2015] FCA 117 Guss v Johnstone (2000) 171 ALR 598 House v The King (1936) 55 CLR 499 James v Abrahams (1981) 34 ALR 657 Luck v University of Southern Queensland [2015] FCA 286 Re Glew; Glew v Harrowell of Hunt & Hunt Lawyers (2003) 198 ALR 331 Re Gould; ex parte Skinner (1983) 72 FLR 393 Sali v SPC Ltd (1993) 116 ALR 625 Stratton v Bowles (No 2) [2015] FCA 43 Stec v Orfanos [1999] FCA 457
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