Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fiore v Roufeil [2019] FCA 1774 File number: WAD 535 of 2019
Judge: COLVIN J
Date of judgment: 29 October 2019
Catchwords: BANKRUPTCY - application for interim relief restraining the production of documents pursuant to a notice under s 77A of the Bankruptcy Act 1966 (Cth) - where it is claimed that the documents the subject of the notice were privileged - where it is claimed that the notice is an abuse of process - where grounds relied upon to set aside the notice lacked merit - where balance of convenience against the grant of relief - application refused PRACTICE AND PROCEDURE - application for deemed service under r 10.23 of the Federal Court Rules 2011 (Cth) - where steps were taken to notify lawyers on the record for the respondents in related proceedings - where those lawyers provided a substantive response - where not sensible to require personal service in the circumstances - orders made for deemed service
Legislation: Bankruptcy Act 1966 (Cth) ss 19AA, 30, 77A
Cases cited: Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500 Frigger v Trenfield [2019] FCA 1746 Re Excel Finance Corporation Ltd (Receiver and Manager Appointed), Worthley v England (1994) 52 FCR 69 Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore [2019] FCA 687 Roufeil v Fiore (No 2), in the matter of the Bankrupt Estate of Peter Andrew Fiore [2019] FCA 916 Roufeil v Fiore (No 3), in the matter of the Bankrupt Estate of Peter Andrew Fiore [2019] FCA 1231
Date of hearing: 28-29 October 2019
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