Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyoni v Pharmacy Board of Australia (No 4) [2017] FCA 911 File number(s): WAD 357 of 2014
Judge(s): SIOPIS J
Date of judgment: 8 August 2017
Catchwords: PRACTICE AND PROCEDURE – the applicant brought a proceeding founded on a claim that a publication was defamatory and misleading or deceptive – the applicant was subsequently declared bankrupt – whether the stay in s 60(2) of the Bankruptcy Act 1966 (Cth) applied to the proceeding brought by the applicant.
Legislation: Bankruptcy Act 1966 (Cth) ss 60(2), 60(4), 60(4)(a), 116(2)(g)
Cases cited: Nyoni v Pharmacy Board of Australia (No 3) [2016] FCA 1398 Sands v State of South Australia (2015) 122 SASR 195 Moss v Eaglestone (2011) 83 NSWLR 476 Berryman v Zurich Australia Ltd (2016) 310 FLR 108
Date of hearing: Determined on the papers.
Date of last submissions: 14 July 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr S Shepherd
Counsel for the First and Third Respondents: Mr GJ Pynt
Solicitor for the First and Third Respondents: MDS Legal
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