Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mader v O'Halloran [2015] FCA 1464 Citation: Mader v O'Halloran [2015] FCA 1464
Parties: BRADLEY MADER and LOREN AMANDA BECKWITH v DEBORAH O'HALLORAN and JOYCE BEE HONG LIM
File number(s): WAD 258 of 2015
Judge(s): SIOPIS J
Date of judgment: 21 December 2015
Catchwords: BANKRUPTCY AND INSOLVENCY – application for leave to commence and take fresh steps in a proceeding – s 58(3) of the Bankruptcy Act 1966 (Cth) – nunc pro tunc – leave is sought in respect of a claim brought against a bankrupt in the Magistrates Court of Western Australia – whether the fact that judgment had been entered precluded the Court from granting leave in respect of that proceeding retrospectively.
Legislation: Bankruptcy Act 1966 (Cth) ss 58(3), 58(3)(b), 60(2)
Cases cited: 7Steel Building Solutions Pty Ltd v Wright [2011] FCA 328 Done v Financial Wisdom Limited [2008] FCA 1706 Re McMaster; Ex parte McMaster (1991) 33 FCR 70 Allanson v Midland Credit Ltd (1977) 16 ALR 43 Stoker (Trustee), in the matter of Starr (Bankrupt) v Starr [2011] FCA 746 Veghelyi; Smith v Official Trustee in Bankruptcy (1993) 45 FCR 413 Singh v Official Trustee in Bankruptcy (2007) 214 FLR 84
Date of hearing: 15 July 2015
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