Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferella v Official Trustee in Bankruptcy [2016] FCA 1270 File number: NSD 1238 of 2015
Judge: PERRY J
Date of judgment: 28 October 2016
Catchwords: BANKRUPTCY – interlocutory application seeking orders that respondent consent to stay of order of Supreme Court of New South Wales appointing Trustees for Sale and other injunctive relief – where no serious question to be tried – where in any event balance of convenience falls heavily in favour of refusing the interlocutory injunctions. EVIDENCE – where no evidence given by applicant or his legal representatives - where evidence in support of originating application and interlocutory application given instead by applicant's son is highly unsatisfactory in a number of respects.
Legislation: Bankruptcy (Estate Charges) Act 1997 (Cth) Bankruptcy Act 1966 (Cth) Conveyancing Act 1919 (NSW) Evidence Act 1995 (Cth) Real Property Act 1900 (NSW) Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2014 (Cth) Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 (Cth) Bankruptcy (Fees and Remuneration) Determination 2015 (Cth)
Cases cited: Agusta Pty Ltd and Ors as trustees for the Cavallino Unit Trust v The Official Trustee in Bankruptcy as trustee of the bankrupt estates of Gustavo Ferella and Angelo Ferella (Unreported, 28 August 2009) Agusta Pty Ltd and Ors as trustees for the Cavallino Unit Trust v The Official Trustee in Bankruptcy as trustee of the bankrupt estates of Gustavo Ferella and Angelo Ferella [2008] NSWSC 685 Agusta Pty Ltd v Official Trustee in Bankruptcy as Trustee of Estates of Gustavo Ferella and Angelo Ferella [2009] NSWCA 129 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Binetter v Deputy Commission of Taxation [2012] FCA 377; (2012) 128 ALD 10 Ferella v Official Trustee in Bankruptcy (No 2) [2011] FCA 619 Ferella v Official Trustee in Bankruptcy (No 4) [2015] FCA 712 Ferella v Official Trustee in Bankruptcy (No 5) [2015] FCA 983 Ferella v Official Trustee in Bankruptcy [2013] FCAFC 43 Ferella v Official Trustee in Bankruptcy [2015] NSWCA 411
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