Kimber v The Owners Strata Plan No. 48216 [2017] FCA 364

FEDERAL COURT OF AUSTRALIA

Kimber v The Owners Strata Plan No. 48216 [2017] FCA 364 Appeal from: Application for leave to appeal from: Kimber v The Owners Strata Plan No.48216 [2016] FCA 1090

File number: NSD 1689 of 2016

Judge: FARRELL J

Date of judgment: 7 April 2017

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where primary judge summarily dismissed application for review of a decision of Registrar not to set aside bankruptcy notice – whether primary judge's decision is attended by sufficient doubt to warrant reconsideration by a Full Court – whether substantial injustice would result if leave were denied – where applicant seeks to challenge judgment debts forming the basis of bankruptcy notice – where applicant seeks to challenge bankruptcy notice pursuant to s 41(5) of the Bankruptcy Act 1966 (Cth) – leave granted in part

Legislation: Bankruptcy Act 1966 (Cth) ss 41(2), 41(5) Federal Court Act 1976 (Cth) s 31A, 35A(5), 35A(6) Federal Court Rules 2011 (Cth) rr 35.13, 35.14 Strata Schemes Management Act 1996 (NSW) ss 76, 78, 79, 80

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68; (2016) 241 FCR 30 Arifin v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCAFC 61 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Hamod v New South Wales [2011] NSWCA 375 Kimber v The Owners Strata Plan No.48216 [2016] FCA 1090 Owners – Strata Plan No 14120 v McCarthy [2017] FCA 242 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Zdrilic v Hickie [2016] FCAFC 101