Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Renshaw v Queensland Mining Corporation Limited (No 2) [2016] FCA 1482 Appeal from: Queensland Mining Corporation Ltd v Renshaw [2016] FCCA 979
File number: NSD 678 of 2016
Judge: KATZMANN J
Date of judgment: 9 December 2016
Catchwords: BANKRUPTCY — appeal from the making of a sequestration order — whether primary judge erred in failing to find that act of bankruptcy occurred more than six months before presentation of creditor's petition — whether time for compliance with notice extended by orders made under s 41(6A) or by operation of s 41(7) —where petitioning creditor lodged caveat over debtor's land claiming to have security but presented petition as an unsecured creditor, whether primary judge erred in failing to find that petitioner was not an unsecured creditor — where appeal raised alleged errors concerning exercise of discretion under s 52(2) but points not pressed in court below
Legislation: Bankruptcy Act 1966 (Cth) ss 3(1)(c), 5, 40(1), 41(1)(g), 41(6A), 41(7), 43(1), 44, 52 Real Property Act 1900 (NSW) s 74F(1)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Payments Corporation (1985) 1 NSWLR 561 Beca Developments Pty Ltd v Idameneo (No 92) Pty Ltd (1990) 21 NSWLR 459 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Cain v Whyte (1933) 48 CLR 639 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Guss v Johnstone [2000] HCA 26; 171 ALR 598 Hall v Richards (1961) 108 CLR 84 J & H Just (Holdings) Pty Ltd v Bank of New South Wales (1971) 125 CLR 546 Komesaroff v Law Institute of Victoria [1997] FCA 250 Leros Pty Ltd v Terara Pty Ltd (1992) 174 CLR 407 Ling v Enrobook Pty Ltd (1997) 74 FCR 19 Milliman v Rochester Ry Co 3 App Div 109; 39 NYS 274 (1896) James v Abrahams (1981) 34 ALR 657 Queensland Mining Corporation Ltd v Renshaw (2015) 229 FCR 13 Renshaw v Queensland Mining Corporation Limited [2015] FCCA 1555 Streimer v Tamas (1981) 37 ALR 211 Thomson v Golden Destiny Investments Pty Limited [2015] NSWSC 1176 Thorpe v Bristile Ltd (1997) 80 FCR 330 Wright Designed Pty Ltd v McClymont [2006] FCA 999; 232 ALR 683
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