Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ghosh v Miller (No 2) [2017] FCA 890 Appeal from: Miller v Ghosh (No 3) [2016] FCCA 2491
File number(s): NSD 1735 of 2016
Judge(s): FARRELL J
Date of judgment: 8 August 2017
Catchwords: BANKRUPTCY – appeal against sequestration order – application for leave to appeal decision to substitute petitioning creditor – application for leave to appeal grant of leave for substituted creditor to file amended creditor's petition – whether amended creditor's petition should have been dismissed owing to an available set-off – whether primary judge failed to appropriately consider extant litigation – whether the appellant was solvent at the time the sequestration order was made – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 40, 43, 44, 47, 49, 52, 58, 60 Foreign Judgments Act 1991 (Cth) s 15 Legal Profession Act 2004 (NSW) s 368 Suitors' Fund Act 1951 (NSW)
Cases cited: Australian Beverage Distributors Pty Ltd v Evans and Tate Premium Wines Pty Ltd (2007) 69 NSWLR 374; NSWCA 57 Calandra v Murden [2015] NSWCA 231 Christou v Demandem Holdings Pty Ltd [2012] FCA 695 Dean v Q.U.F. Industries Ltd (1981) 51 FLR 317; FCA 76 Frumar v Owners of Strata Plan 36957 [2010] NSWCA 172 Ghosh v Miller [2016] FCA 1293 Ghosh v Miller [2016] NSWSC 430 Ghosh v Miller [2017] NSWSC 791 Ghosh v Miller (CTTT Appeal) [2014] NSWDC 228 Hyams v Elder Smith Goldsbrough Mort Ltd (1976) 133 CLR 637; HCA 18 Investec Australia Finance Pty Limited v Naude [2016] FCA 731 Ling v Enrobook Pty Ltd (1997) 74 FCR 19; FCA 226 McNamara v Langford (1931) 45 CLR 267; HCA 27 Miller v Ghosh [2016] FCCA 1191 Miller v Ghosh (No 2) [2016] FCCA 1192 Miller v Ghosh (No 3) [2016] FCCA 2491 Re Brent Hughes; ex parte Westpac Banking Corporation [1997] FCA 1324 Re Pollack; ex parte Deputy Commissioner of Taxation (1991) 32 FCR 40; FCA 651 SZRUR v Minister for Immigration and Border Protection (2012) 216 FCR 445; FCAFC 146 Talacko v Bennett (2017) 91 ALJR 564; HCA 15 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 1106 Tu v Chang (No 2) [2016] FCA 1568
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