Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Infa-Secure Pty Ltd v Crocker [2016] FCA 1319 File number: QUD 345 of 2016
Judge: LOGAN J
Date of judgment: 2 November 2016
Catchwords: BANKRUPTCY – bankruptcy notice issued after certification of taxation following non-consensual notice of discontinuance – sequestration order made against applicant – review of sequestration order – whether debt was owed – applicant alleged incorrect respondent party had appeared – notice of discontinuance given after notice of acting of lawyer filed by respondent – reasonable for respondent which gave notice of acting to assume it was the party named by the applicant in the originating application – respondent entitled to payment of debt for legal costs in accordance with Registrar's estimate – Federal Court (Bankruptcy) Rules 2016 (Cth) r 7.05, r 10.11, r 26.12(7); Federal Court Rules 2011 (Cth) r 40.20
Legislation: Federal Court (Bankruptcy Rules) 2016 (Cth) r 7.05, r 10.11, r 26.12(7) Federal Court Rules 2011 (Cth) r 40.20
Cases cited: Crocker v Toys R Us (Australia) Pty Ltd (No 2) [2015] FCA 727 Crocker v Toys R Us (Australia) Pty Ltd [2016] FCA 1103 Wren v Mahony (1972) 126 CLR 212
Date of hearing: 2 November 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr C Johnstone
Solicitor for the Applicant: Chrysiliou Lawyers
Counsel for the Respondent: The Respondent appeared in person
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