Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cosenza v Duncan (Trustee in Bankruptcy), in the matter of Tigani [2020] FCA 105 Appeal from: Application for leave to appeal: Cosenza v Stephen Duncan of Duncan Powell (Trustee in Bankruptcy) (No 2) [2018] FCCA 1749
File number: SAD 176 of 2018
Judge: CHARLESWORTH J
Date of judgment: 12 February 2020
Catchwords: BANKRUPTCY – application for leave to appeal – judge at first instance summarily dismissing an appeal from decisions of the trustee of a bankrupt estate – primary judge concluding the time to commence the appeal could not be extended – whether correctness of judgment attended with doubt – whether applicant would suffer substantial injustice should leave to appeal be refused – applicant having no present claim for relief against trustee in relation to past decisions – applicant seeking to examine bankrupt – applicant seeking to keep trustee joined as a party anticipating evidence might emerge in the course of the proposed examination – leave to appeal refused
Legislation: Bankruptcy Act 1966 (Cth) ss 8.14, 19, 19AA, 33, 81, 149, 149A, 178, 184, Sch 2, ss 90-5, 90-10, 90-15, 90-20, Federal Circuit Court of Australia Act 1999 (Cth) s 17A Federal Court of Australia Act 1976 (Cth) s 24 Insolvency Law Reform Act 2016 (Cth) Judiciary Act 1903 (Cth) s 79 Insolvency Law Reform (Transitional Provisions) Regulation 2016 (Cth) r 4 Limitation of Actions Act 1936 (SA) s 48
Cases cited: Chapman v Luminis Pty Ltd (No 4) (2001) 123 FCR 62 Cosenza v Stephen Duncan of Duncan Powell (Trustee in Bankruptcy) (No 2) [2018] FCCA 1749 Creditors of Antal-Air Pty Ltd (ACN 007 213 738) v Antal-Air Pty Ltd (ACN 007 213 738) (admin apptd) & Anor [2004] FCAFC 303; 51 ACSR 473 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Heshmati v Paul Burness and Morgan Lane as Trustees of the Bankrupt Estate of Bijan Heshmati [2012] FMCA 884 House v The King (1936) 55 CLR 499 Kerr (Trustee), in the matter of Cross (Bankrupt) v Bechara [2015] FCA 284 Khadpekar v Official Trustee in Bankruptcy (No 2) (2009) 175 FCR 247 Sharp v Deputy Commissioner of Taxation (Cth) [1988] FCA 76; 19 ATR 908
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