Federal Court of Australia
Federal Court of Australia
GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited (No 2) [2020] FCA 1440 File number: NSD 1518 of 2018
Judgment of: COLVIN J
Date of judgment: 5 October 2020
Date of publication of reasons: 7 October 2020
Catchwords: BANKRUPTCY - application for leave to proceed against a bankrupt - where proceedings on foot for a number of years prior to bankruptcy - whether claims provable in bankruptcy or fall for determination together with provable debts - whether administration of bankruptcy aided by adjudication of claim by Court rather than proof of debt process - where trustee in bankruptcy did not oppose application - application allowed
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 82 Corporations Act 2001 (Cth) s 1317H
Cases cited: 7Steel Building Solutions Pty Ltd v Wright [2011] FCA 328 Allanson v Midland Credit Ltd (1977) 16 ALR 43 Commonwealth Bank of Australia v Prentice (Trustee), in the matter of Shannon (Bankrupt) [2016] FCA 53 Coventry v Charter Pacific Corporation Limited [2005] HCA 67; (2005) 227 CLR 234 Fraser v Deputy Commissioner of Taxation & Official Trustee (1996) 69 FCR 99 Polis v Zombor [2019] FCA 69 SBA Music Pty Ltd v Hall (No 2) [2014] FCA 1116
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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