Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zaghloul v Jewellery & Gift Buying Service Pty Ltd t/as Nationwide Jewellers [2020] FCA 1045 Appeal from: Zaghloul v Jewellery & Gift Buying Services Pty Ltd t/as Nationwide Jewellers [2019] FCCA 583
File number: WAD 130 of 2019
Judge: BANKS-SMITH J
Date of judgment: 24 July 2020
Catchwords: BANKRUPTCY - annulment - appeal from decision to dismiss application for annulment of bankruptcy - application for annulment brought after discharge - creditor's petition based on failure to comply with bankruptcy notice requiring payment of judgment debt - whether court should go behind judgment debt - whether appellant was solvent at time of sequestration order - where service of creditor's petition was pursuant to substituted service orders - whether sequestration order ought not to have been made - whether discretion ought to have been exercised to grant annulment - where appellant alleged misleading or deceptive conduct and negligence on part of petitioning creditor and sought award of damages - where appellant alleged breach of duty on part of trustee in bankruptcy and sought relief - where primary judge refused to award damages or other relief - no error on part of primary judge demonstrated
Legislation: Bankruptcy Act 1966 (Cth) ss 149, 153B, 154, 309 Federal Circuit Court of Australia Act 1999 (Cth) s 79 Federal Court of Australia Act 1976 (Cth) s 24, 25 Federal Circuit Court Rules 2001 (Cth) r 21.02
Cases cited: Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Austar Finance Group Pty Ltd v Campbell [2007] NSWSC 1493; Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 Bulic v Commonwealth Bank of Australia Ltd [2007] FCA 307 Cameron v Cole (1944) 68 CLR 571 Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106; (2016) 246 FCR 508 Corney v Brien (1951) 84 CLR 343 David Grant & Co Pty Ltd v Westpac Banking Corp [1995] HCA 43; (1995) 184 CLR 265 Ginnane v Diners Club Ltd (1993) 42 FCR 90 Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd [2008] FCA 1051 Hislop v Paltar Petroleum Limited (No 4) [2017] FCA 1632 House v The King (1936) 55 CLR 499 Howship Holdings Pty Ltd v Leslie (No 2) (1996) 41 NSWLR 542 Jaafar v Gleeson in his capacity as bankruptcy trustee of bankrupt estate of Mohamad Jaafar [2019] FCCA 1226 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; (2017) 261 CLR 132 Re Anasis; Ex parte Total Australia Ltd (1985) 11 FCR 127 Re Oates; Ex parte Deputy Commissioner of Taxation (1987) 17 FCR 402 Re Papps; Ex parte Tapp (1987) 78 FCR 524 Re Stewart; Ex parte Barrett (1967) 10 FLR 99 Rigg v Baker [2006] FCAFC 179; (2006) 155 FCR 531 Sandell v Porter (1966) 115 CLR 666 Seven Network Limited v News Limited [2007] FCA 2059 Stankiewicz v Plata [2000] FCA 1185 Taylor v Taylor (1979) 143 CLR 1 Thredgold v Fyfe Pty Ltd [2013] FCA 1363 Woodgate v Garard Pty Ltd [2010] NSWSC 508
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