Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pioneer Credit Acquisition Services Pty Ltd v Hayes [2017] FCA 124 Appeal from: Pioneer Credit Acquisition Services v Hayes [2016] FCCA 1261
File number: QUD 409 of 2016
Judge: RANGIAH J
Date of judgment: 21 February 2017
Catchwords: BANKRUPTCY – appeal against Federal Circuit Court judge's dismissal of creditor's petition – whether there was offer to compromise debt – whether the appellant accepted offer – whether consideration given for agreement – appeal allowed
Legislation: Bankruptcy Act 1966 (Cth) s 52(1)(c)
Cases cited: Amos v Citibank Ltd [1996] QCA 129 Dalgety Australia Ltd v Harris [1977] 1 NSWLR 324 Foakes v Beer (1884) 9 App Cas 605 Milne v Attorney-General Tasmania (1956) 95 CLR 460 Pinnel's Case (1602) 5 Co Rep 117a Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Aust) Pty Ltd (1978) 139 CLR 231 R v Clarke (1927) 40 CLR 227 Re Select Move Ltd [1995] 1 WLR 474 Wells v Matthews (1914) 18 CLR 440
Date of hearing: 23 January 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 33
Counsel for the Appellant: Ms J O'Connor
Solicitor for the Appellant: Results Legal
Counsel for the Respondent: The Respondent appeared in person
ORDERS QUD 409 of 2016
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