Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Penson v Palmer [2018] FCA 1202 File number(s): NSD 1320 of 2018
Judge(s): FARRELL J
Date of judgment: 10 August 2018
Catchwords: BANKRUPTCY – application for declarations concerning orders made in the Supreme Court of New South Wales which vested property in a receiver and manager – whether Supreme Court required leave of a federal court vested with jurisdiction in bankruptcy pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) – whether the orders disturbed the order of priority prescribed by the Bankruptcy Act – whether bankrupt had standing to bring the application – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 27, 31, 58, 118 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 3, 6 Uniform Civil Procedure Rules 2005 (NSW) rr 1.11, 36.4
Cases cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 In the matter of Aquaqueen International Pty Ltd [2016] NSWSC 508 Palmer v Penson (No 2) [2018] NSWSC 987 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174; [2015] FCAFC 70
Date of hearing: 25 July, 3 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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