Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zappia v Deputy Commissioner of Taxation [2020] FCA 897 Appeal from: Deputy Commissioner of Taxation v Zappia [2019] FCA 2152; Deputy Commissioner of Taxation v Zappia (No 2) [2020] FCA 669
File number: NSD 686 of 2020
Judge: NICHOLAS J
Date of judgment: 25 June 2020
Catchwords: PRACTICE AND PROCEDURE – whether order made pursuant to s 73 of the Bankruptcy Act 1966 (Cth) setting aside a bankruptcy composition should be stayed pending appeal – whether grounds of appeal reasonably arguable
Legislation: Bankruptcy Act 1966 (Cth) ss 73, 222(1) Federal Court Rules 1979 (Cth) O 52, r 17 Federal Court Rules 2011 (Cth) r 36.08
Cases cited: House v The King (1936) 55 CLR 499 Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65
Date of hearing: 23 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 31
Solicitor for the Appellant: Mr T Hall of Hall Partners
Solicitor for the First Respondent: Mr K Metlej of Craddock Murray Neumann
Counsel for the Second Respondent: The second respondent did not appear
ORDERS NSD 686 of 2020
BETWEEN: JOHN ZAPPIA Appellant
AND: DEPUTY COMMISSIONER OF TAXATION First Respondent
SARANDOS SPYRAKIS IN HIS CAPACITY AS TRUSTEE OF THE COMPOSITION OF JOHN ZAPPIA PURSUANT TO
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