Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sayer-Jones v Juju Bean Investments Pty Ltd [2020] FCA 177 File number: NSD 1594 of 2019
Judge: BROMWICH J
Date of judgment: 21 February 2020
Catchwords: BANKRUPTCY – application to set aside a bankruptcy notice – whether the issue of a bankruptcy notice was sought for a collateral purpose or was otherwise an abuse of process – whether irregularities in a bankruptcy notice caused substantial injustice – whether there were circumstances that would warrant going behind the judgment/order – application dismissed.
Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g), s 41, s 306 Bankruptcy Regulations 1996 (Cth) reg 16.01 Civil Procedure Act 2005 (NSW) s 101 Civil Procedure Rules 2005 (NSW) r 36.7
Cases cited: Adams v Lambert [2006] HCA 10; 228 CLR 409 Australian Securities and Investments Commission v Forge [2003] FCAFC 274; 133 FCR 487 Autron Pty Ltd v Benk [2011] FCAFC 93; 195 FCR 404 Batterham v Nauer, in the matter of Peter James Batterham [2019] FCA 485 Corney v Brien (1951) 84 CLR 343 Curtis v Singtel Optus Pty Ltd [2014] FCAFC 144; 225 FCR 458 Dunkerly v Comcare [2019] FCA 1002 Dunkerly v Comcare [2020] FCAFC 8 Fuller v Alford [2017] FCA 782; 252 FCR 168 Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 Matheson v Scottish Pacific Business Finance Pty Ltd [2005] FCA 670 Maxwell-Smith v S & E Hall Pty Ltd, in the matter of Maxwell-Smith [2006] FCA 825; 233 ALR 81 Nand v Fuji Xerox Australia Pty Ltd [2015] FCAFC 51
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