Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Psevdos v Commonwealth Bank of Australia [2016] FCA 844 Appeal from: Psevdos v Commonwealth Bank of Australia [2016] FCCA 978
File number(s): SAD 133 of 2016
Judge(s): CHARLESWORTH J
Date of judgment: 27 July 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – whether appeal stayed upon the appellant becoming a bankrupt – whether appeal deemed to have been abandoned by the trustee of the estate of the appellant – construction of s 60 of the Bankruptcy Act 1966 (Cth)
Legislation: Acts Interpretation Act 1901 (Cth), s 36(1) Bankruptcy Act 1966 (Cth), ss 41, 43, 58, 60, 116 Federal Court Act 1976 (Cth), s 21
Cases cited: Boensch v Pascoe [2007] FCA 1977 Commonwealth Bank of Australia v Psevdos [2016] FCCA 1480 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 Cox v Journeaux (No 2) (1935) 52 CLR 713 Duckworth v Water Corporation (2012) 261 FLR 185, [2012] WASC 30 Farrah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Hicks v Minister for Immigration & Multicultural Indigenous Affairs [2003] FCA 757 Re Lofthouse (2001) 107 FCR 151, [2001] FCA 25 Stephen John Williams (liquidator of GP Aviation Group) v Glover and Pearson [2013] EWCH 1447 (Ch), [2014] 1 WLR 166
Date of hearing: 15 July 2016
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