Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mackendrick v Lawless [2018] FCA 735 File number: WAD 227 of 2017
Judge: BANKS-SMITH J
Date of judgment: 22 May 2018
Date of publication of reasons: 23 May 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – Creditor's petition – Act of bankruptcy comprised failure to comply with bankruptcy notice founded on a judgment debt for taxed costs – Application to review decision of Registrar making sequestration order against the respondent's estate – Rehearing – Where no justification to go behind judgment debt – Where no sufficient cause to prevent making sequestration order
Legislation: Bankruptcy Act 1966 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.06, 7.05
Cases cited: Cottrell v Nicholls [2004] FCA 102 Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84 Lawless v Mackendrick [No 4] [2013] WASC 272 Lawless v Mackendrick [No 3] [2016] WASCA 208 Martin v Commonwealth Bank of Australia [2001] FCA 87; (2001) 217 ALR 634 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; (2017) 345 ALR 534 Totev v Sfar [2008] FCAFC 35; (2008) 167 FCR 193 Zdrilic v Hickie & Anor [2016] FCAFC 101; (2016) 246 FCR 532
Date of hearing: 15 May 2018
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
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