Anne v Ask Funding Ltd [2015] FCA 1111

FEDERAL COURT OF AUSTRALIA

Anne v Ask Funding Ltd [2015] FCA 1111 Citation: Anne v Ask Funding Ltd [2015] FCA 1111

Appeal from: Ask Funding Ltd v Anne [2014] FCCA 2741

Parties: PATRICIA ANNE v ASK FUNDING LTD and THE TRUSTEES OF THE PROPERTY OF PATRICIA ANNE, A BANKRUPT

File number: QUD 619 of 2014

Judge: RANGIAH J

Date of judgment: 23 October 2015

Catchwords: EVIDENCE – application to adduce further evidence on appeal – leave to raise new ground on appeal – whether appellant bound by the conduct of her case – where appellant could have applied for discovery at first instance – where respondent found to have misled the Court at first instance – where new evidence dispositive of the appeal – leave granted BANKRUPTCY AND INSOLVENCY – whether bankruptcy notice a nullity – where bankruptcy notice founded on two orders – where one order not attached when issued – whether defect remedied by s 306 of the Bankruptcy Act 1966 (Cth) – where omitted order formed fundamental substratum of the act of bankruptcy – omission capable of misleading – bankruptcy notice void

Legislation: Acts Interpretation Act 1901 (Cth) s 25C Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41, 44 and 306 Bankruptcy Regulations 1996 (Cth) regs 4.01 and 4.02 Electronic Transactions Act 1999 (Cth) ss 3(b), 5, 8, 9 and 11 Evidence Act 1995 (Cth) s 138 Federal Circuit Court Rules 2001 (Cth) r 2.32(1) Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 36.57 Public Governance, Performance and Accountability Act 2013 (Cth) s 65 Supreme Court of Queensland Act 1991 (Qld) Sch 5 Uniform Civil Procedure Rules 1999 (Qld) Pt 3 of Ch 17A, rr 740 and 794