Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Graham & Linda Huddy Nominees Pty Ltd v Byrne [2017] FCA 1638 File number: QUD 501 of 2017
Judge: LOGAN J
Date of judgment: 20 December 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – related Supreme Court proceeding by applicants against first respondent – leave sought pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to take fresh steps in related proceeding – whether leave appropriate – purpose of s 58(3) of the Bankruptcy Act 1966 (Cth) – factors relevant to the exercise of the s 58(3)(b) discretion – Bankruptcy Act 1966 (Cth), s 58(3)(b)
Legislation: Bankruptcy Act 1966 (Cth) s 58 Australian Consumer Law ss 236, 237
Cases cited: Allanson v Midland Credit Limited (1977) 30 FLR 108 Mango Media Pty Ltd v Velingos (2008) 216 FLR 176 Re Rose; Ex parte Devaban Pty Limited [1994] FCA 1082
Date of hearing: 20 December 2017
Date of last submissions: 20 December 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicants: Mr S Williams
Solicitor for the Applicants: Wilson Lawyers
Counsel for the First Respondent: Mr J Green
Solicitor for the First Respondent: James Conomos Lawyers
ORDERS QUD 501 of 2017
BETWEEN: GRAHAM & LINDA HUDDY NOMINEES PTY LTD First Applicant
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