Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cannon v Statewide Secured Investments Pty Ltd [2018] FCA 954 Appeal from: Statewide Secured Investments Pty Ltd v Cannon and Cipriani [2018] FCCA 110
File number(s): VID 518 of 2017
Judge(s): DAVIES J
Date of judgment: 22 June 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – Appeal from a decision of the Federal Circuit Court dismissing appeal against sequestration orders – appellants' failure to comply with bankruptcy notices requiring them to pay a judgment debt from County Court of Victoria – argued that the Court should go behind the judgment to determine if there is a debt properly owing – assignment of debt – alleged inconsistent findings of fact – alleged error in determining intention of the parties by reference to intention of the parties, not the terms of the assignment
Legislation: Property Law Act 1958 (Vic)
Cases cited: Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 Statewide Secured Investments Pty Ltd v Cipcon Pty Ltd [2016] VCC 18 Three Rivers District Council v Bank of England [1996] QB 292
Date of hearing: 8 June 2018
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 17
Counsel for the Appellants: Mr G Nash QC
Counsel for the Respondent: Mr M Scott QC with Mr S Ure
Solicitor for the Respondent: Ashurst Australia
ORDERS VID 518 of 2017
BETWEEN: JOHN GEORGE CANNON First Appellant
WALTER CIPRIANI Second Appellant
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