Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Official Trustee in Bankruptcy, in the matter of Bankrupt Estate of Michael Petrovic Lenin (deceased) [2019] FCA 401 File number(s): NSD 1133 of 2018
Judge(s): THAWLEY J
Date of judgment: 22 March 2019
Catchwords: PRACTICE AND PROCEDURE – whether the applicant had reasonable prospect of successfully prosecuting the proceeding – whether there was an issue estoppel – whether there was an Anshun estoppel – whether there was an abuse of process – proceedings dismissed.
Legislation: Bankruptcy Act 1966 (Cth) ss 82, 249(3), Federal Court of Australia Act 1976 (Cth) s 31A Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 3 Limitation Act 1969 (NSW) ss 14, 63, 68 Probate and Administration Act 1898 (NSW s 82)
Cases cited: Coshott v Parker (2017) 323 FLR 212 Coshott v Parker [2018] FCA 596 Coshott v Parker [2019] FCAFC 14 Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177 Spencer v The Commonwealth of Australia (2010) 241 CLR 118 Takemoto v Moody's Investors Service Pty Limited [2014] FCA 1081 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507 UBS AG v Tyne (2018) 360 ALR 184
Date of hearing: 20 March 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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