Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nadarajapillai v Naderasa [2016] FCA 502 Appeal from: Naderasa v Nadarajapillai [2015] FCCA 2171
File number: NSD 923 of 2015
Judge: MARKOVIC J
Date of judgment: 12 May 2016
Catchwords: BANKRUPTCY – appeal of sequestration order made by the Federal Circuit Court of Australia – whether the primary judge erred in failing to go behind the judgment – jurisdiction to go behind judgment – proper approach to the exercise of jurisdiction
Legislation: Bankruptcy Act 1966 ss 43(1), 44(1), 52(1), 52(2)
Cases cited: Corney v Brien (1951) 84 CLR 343 Emerson v Wreckair Pty Ltd (1992) 33 FCR 581 Nadarajapillai v Naderasa [2015] NSWCA 109 Naderasa v Nadarajapillai [2015] FCCA 2171 Wren v Mahony (1972) 126 CLR 212 Xu v Wan Ze Property Development (Aust) Pty Ltd (in liquidation) (2014) 315 ALR 528
Date of hearing: 19 February 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 41
Solicitor for the Appellant: Mr J M Patel
Counsel for the Respondent: The respondent appeared in person
ORDERS NSD 923 of 2015
BETWEEN: PIRAPAKARAN NADARAJAPILLAI Appellant
AND: RAVINDRAN NADERASA Respondent
JUDGE: MARKOVIC J DATE OF ORDER: 12 MAY 2016
THE COURT ORDERS THAT:
1. Appeal dismissed. 2. Appellant to pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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