Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly (No 2) [2020] FCA 975 File number: NSD 1933 of 2019
Judge: BURLEY J
Date of judgment: 10 July 2020
Catchwords: BANKRUPTCY – successful application to annul bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) – exercise of discretion to annul on condition that creditors and trustee are first paid – form of final orders
Legislation: Bankruptcy Act 1966 (Cth) s 109(1)(a) Federal Circuit Court Rules 2001 (Cth) r 26.01 Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) r 13.01 Federal Court Rules 2011 (Cth) r 39.06, r 40.02 Uniform Civil Procedure Rules 2005 (NSW) r 36.7
Cases cited: Bell Lawyers Pty Ltd v Pentelew [2019] HCA 29; 93 ALRJ 1007 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd [2008] FCA 1051; 249 ALR 371 Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly [2020] FCA 607 Kessly v Benjamin & Khoury Pty Ltd (No. 2) [2019] FCCA 216
Date of last submissions: 5 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: 14
Counsel for the Applicant: Mr C. J. Bevan
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