Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hutchings v Australian Securities and Investments Commission [2017] FCA 858 Appeal from: Australian Securities and Investments Commission v Hutchings [2017] FCCA 1163 Australian Securities and Investments Commission v Hutchings (No 2) [2017] FCCA 1301
File number: NSD 936 of 2017
Judge: ALLSOP CJ
Date of judgment: 20 June 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal against making of sequestration order by Federal Circuit Court – refusal to stay proceedings under sequestration order – creditor's petition founded on debt owed to ASIC for interlocutory costs orders made in Supreme Court proceedings brought by ASIC – appellant seeks to appeal against Supreme Court judgment finding that he contravened the Corporations Act 2001 (Cth) – adjournment of creditor's petition – prospects of success on appeal – creditor's petition adjourned subject to supervision by the Court
Legislation: Bankruptcy Act 1966 (Cth), ss 33, 52
Cases cited: Australian Securities and Investments Commission v Managed Investments Ltd (No 9) [2016] QSC 109; 308 FLR 216 Australian Securities and Investments Commission v Managed Investments Ltd (No 10) [2017] QSC 96 Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8 Endresz v Australian Securities and Investments Commission (No 2) [2015] FCAFC 33; 228 FCR 334 Kleinwort Benson Australia Ltd v Crowl [1988] HCA 34; 165 CLR 71
Date of hearing: 19 and 20 June 2017
Registry: New South Wales
Division: General Division
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