Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Prentice, in the matter of Coshott [2016] FCA 702 File numbers: NSD 258 of 2016 NSD 473 of 2016
Judge: BROMWICH J
Date of judgment: 3 June 2016
Catchwords: PRACTICE AND PROCEDURE – issue of authenticity or admissibility of deeds of assignment sought to be relied upon by applicants to establish a counter-claim, set-off or cross demand to bankruptcy notices – applications for orders under s 169(1)(b) of the Evidence Act 1995 (Cth) to call applicants as witnesses in relation to the deeds, following failure or refusal to comply with a request under s 167 – where applicants had not filed affidavits by themselves to prove the deeds naming them as beneficiaries
Legislation: Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(7) Evidence Act 1995 (Cth), ss 166, 167, 169 Federal Court (Bankruptcy Rules) 2005 (Cth), r 3.02 Federal Court (Bankruptcy Rules) 2016 (Cth), r 3.02
Cases cited: Toll (FGCT) Pty Limited v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 Trimcoll Pty v Deputy Commissioner of Taxation [2007] NSWCA 307
Date of hearing: 3 June 2016
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