Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Grigorieva v The Owners - Strata Plan No 31534 [2017] FCA 1099 File number: NSD 94 of 2017
Judge: BROMWICH J
Date of judgment: 5 September 2017
Catchwords: CORPORATIONS – application for extension of time to appeal orders for sequestration order and costs – acceptable delay – whether breach of natural justice by reason of applicants not being present at judgment delivery or hearing – question of solvency of applicants – dispute of debt amount owed to creditor – held: no breach of natural justice in given circumstances – held: no evidence of solvency – held: threshold to go behind default judgment debt imposed by primary judge not met – held: no error asserted as to decision of primary judge – held: application dismissed on basis of unmeritorious grounds of appeal
Legislation: Bankruptcy Act 1966 (Cth), s 52(1), s 116(2)(b), s 153 Federal Circuit Court Rules 2001 (Cth), r 13.03C(1)(e) Federal Court Rules 2011 (Cth), r 36.03
Cases cited: AAQ15 v Minister for Immigration and Border Protection [2016] FCA 963 Shaw v Yarranova Pty Ltd [2017] FCAFC 88 Stankiewicz v Plata [2000] FCA 1185 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
Dates of hearing: 5 September 2017
Registry: Sydney
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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