Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Offermans v Hodge [2018] FCA 1818 File numbers: QUD 587 of 2017 QUD 600 of 2017
Judge: COLLIER J
Date of judgment: 23 November 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – application to review decision of Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) – refusal by Registrar to adjourn hearing of creditors' petitions – sequestration orders made by Registrar – where bankrupts sought to prosecute an appeal in the Supreme Court of Queensland – where bankrupts alleged fraud in relation to liquidation of business operated by them – where creditor alleged "phoenix" activity by the bankrupts in relation to business operated by them
Legislation: Federal Court of Australia Act 1976 (Cth), s 35A
Cases cited: Hutchings v Australian Securities and Investments Commission [2017] FCA 858
Date of hearing: 17 July 2018
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 47
Counsel for the Applicants: Mr M Martin QC
Solicitor for the Applicants: Keir Steele Lawyers
Counsel for the Respondents: The Respondents appeared in person
ORDERS QUD 587 of 2017
BETWEEN: DENNIS JOHN OFFERMANS First Applicant
MACAKY SPARE PARTS (TRADING) PTY LTD (IN LIQUIDATION) ACN 010 064 687 Second Applicant
AND: LYNETTE MARGARET HODGE Respondent
JUDGE: COLLIER J DATE OF ORDER: 23 November 2018
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