Federal Court of Australia
Federal Court of Australia
Turco v Mortgage Ezy Australia Pty Ltd [2020] FCA 1181 Appeal from: Mortgage Ezy Australia Pty Ltd v Turco [2019] FCCA 1693
File number: WAD 377 of 2019
Judgment of: JACKSON J
Date of judgment: 17 August 2020
Catchwords: BANKRUPTCY - appeal from decision of the Federal Circuit Court of Australia - where appellant had previously been made bankrupt on another occasion - first bankruptcy annulled by creditors' composition - claim that debt owed to respondent (current petitioning creditor) not disclosed to trustee of first bankruptcy - claim that respondent unaware of first bankruptcy until after annulment - respondent relies on judgment debt in Family Court of Western Australia proceedings - primary judge made sequestration orders against appellant on basis of judgment debt - whether primary judge erred in failing to go behind judgment debt - whether primary judge erred in holding appellant bound to his conduct in separate proceedings - whether primary judge failed to provide procedural fairness to the appellant - whether primary judge erred in finding appellant had obtained forbearance by fraud - no operative error established - appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 52, 54, 73, 74, 75, 82, 153 Evidence Act 1995 (Cth) ss 91, 140
Cases cited: AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951 BNMB Transport Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2018] FCA 223 Browne v Dunn (1893) 6 R 67 Burke v Corruption and Crime Commission [2012] WASCA 49; (2012) 289 ALR 150 Jadwan Pty Ltd v Rae & Partners (A Firm) (No 2) [2020] FCAFC 95 Kioa v West (1985) 159 CLR 550 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; (2017) 261 CLR 132 Re Bosun Pty Ltd (in liq); Makris v Sheahan [2000] SASC 180; (2000) 34 ACSR 597 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Shaw v Yarranova Pty Ltd [2014] VSCA 48 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 216 FCR 445 Townsville City Council v McIntyre [2013] QCA 173; (2013) 231 A Crim R 116
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate