Wu v Li [2017] FCA 500

FEDERAL COURT OF AUSTRALIA

Wu v Li [2017] FCA 500 Appeal from: Li v Wu [2016] FCCA 2836

File number: ACD 96 of 2016

Judge: RARES J

Date of judgment: 7 April 2017

Catchwords: BANKRUPTCY AND INSOLVENCY – Bankruptcy Act 1966 (Cth) – creditor's petition – where creditor's petition expired under s 52(4) five months after trial judge reserved judgment but before judgment delivered – whether trial judge could extend life of creditor's petition retrospectively under s 52(5) by invoking the slip rule PRACTICE AND PROCEDURE – slip rule – where slip rule or r 39.05(h) of the Federal Court Rules 2011 invoked to extend life of creditor's petition retrospectively after petition expired under statutory time limit – whether slip rule applies – whether trial judge's recording as an "order" decision to "reserve judgment" and adjourn proceedings to a date to be fixed for delivery of judgment amounted to making an "order" for purposes of engaging slip rule – whether failure of trial judge to make, or legal representative to apply for, an order extending life of creditor's petition at hearing constituted an accidental slip or omission

Legislation: Bankruptcy Act 1966 (Cth) ss 44, 52, 58 Corporations Act 2001 (Cth) ss 436A, 477 Fair Work Act 2009 (Cth) Federal Circuit Court Rules 2001 r 16.05 Federal Court Rules 2011 rr 36.01, 39.05

Cases cited: Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485 Bankstown Grammar School Ltd v Park [2000] FCA 1205 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498 Flint v Richard Busuttil & Company Pty Ltd (2013) 216 FCR 375 Griffiths v Boral Resources (Qld) Pty Ltd (2006) 154 FCR 554 House v The King (1936) 55 CLR 499 L. Shaddock and Associates Pty Ltd v Parramatta City Council (No 2) (1982) 151 CLR 590 Ling v Enrobook Pty Ltd (1997) 74 FCR 19 Ramsay Health Care Australia Pty Ltd v Compton [2016] FCAFC 125 The Owners - Strata Plan No 5290 v CGS & Co Pty Ltd (2011) 81 NSWLR 285