Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kimber v The Owners Strata Plan No. 48216 [2016] FCA 1090 File number: NSD 562 of 2016
Judge: PERRY J
Date of judgment: 8 September 2016
Catchwords: PRACTICE AND PROCEDURE – summary dismissal –where amended application has no reasonable prospect of success.
Legislation: Bankruptcy Act 1966 (Cth) ss 30(1), 40, 41 Civil Procedure Act 2005 (NSW) s 101 Federal Court of Australia Act 1976 (Cth) ss 31A(2) 35A(1), 37P(6) Bankruptcy Regulations 1996 (Cth) reg 4.02 Federal Court (Bankruptcy) Rules 2016 (Cth) r 2.02(3) Federal Court Rules 2011 (Cth) rr 1.34, 16.02, 16.21, 16.59, 26.01
Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Arifin v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCAFC 61 Banque Commerciale SA en Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 Eliezer v University of Sydney [2015] FCA 1045 Hamod v New South Wales [2011] NSWCA 375 Nugawela v Deputy Commissioner of Taxation [2016] FCA 578 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229
Date of hearing: 1 September 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
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