Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hillig, in the matter of Battaglia [2019] FCA 2191 File number: NSD 1898 of 2019
Judge: WIGNEY J
Date of judgment: 16 December 2019
Date of publication of reasons: 19 February 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application by liquidator for leave to proceed against bankrupt in Supreme Court proceedings pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) – principles applicable to exercise of discretion to grant leave to proceed – where trustee of bankrupt neither consents not opposes the relief sought by the liquidator.
Legislation: Bankruptcy Act 1966 (Cth) s 58(3)(b) Corporations Act 2001 (Cth) s 588FE(6A)
Cases cited: Allanson v Midland Credit (1977) 30 FLR 108; [1977] FCA 66 Allanson v Midland Credit Ltd (1977) 30 FLR 108; [1977] FCA 66 Cassegrain v Gerard Cassegrain & Co Pty Limited (in liq) [2012] NSWCA 435 In the matter of ACN 092 745 330 [2017] NSWSC 241 Peter Hillig in his capacity as liquidator of ACN 092 745 330 Pty Ltd (in Liquidation) & Anor v Battaglia & Ors [2018] NSWCA 67 Zervas v Burkitt [2019] NSWCA 112
Date of hearing: 16 December 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 17
Solicitor for the Applicant: Mr M France of Watson Mangioni Lawyers
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