Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tan & Tan Lawyers Pty Ltd, in the matter of Cristovao v Cristovao [2017] FCA 786 File number(s): WAD 544 of 2016
Judge(s): SIOPIS J
Date of judgment: 13 July 2017
Catchwords: BANKRUPTCY – creditor's petition – act of bankruptcy comprises the failure to comply with bankruptcy notice founded on a judgment debt – appeal pending against orders to pay judgment debt – adjournment of creditor's petition – whether appeal is based on genuine and arguable grounds.
Legislation: Bankruptcy Act 1966 (Cth) ss 52(1), 52(2), 52(2)(b) Supreme Court Act 1935 (WA) s 34 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.06(3), 4.06(4) Supreme Court (Court of Appeal) Rules 2005 (WA) r 43(2)(g)(i) Rules of the Supreme Court 1971 (WA) O 9A, O 9A r 2
Cases cited: Cristovao v Tan & Tan Lawyers Pty Ltd [2016] WADC 127 Cristovao v Tan & Tan Lawyers Pty Ltd [2017] WADC 36 Cristovao v Tan & Tan Lawyers Pty Ltd [2017] WASCA 54 Cristovao v Registrar Scott [2013] FCAFC 92 Deputy Commissioner of Taxation v Cumins (2008) 101 ALD 78 Marsh v Baxter [No 2] [2016] WASCA 51 Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137
Date of hearing: 18 April 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
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