Williams (formerly Turco) v Mortgage Ezy Australia Pty Ltd [2020] FCA 1567

Federal Court of Australia

Williams (formerly Turco) v Mortgage Ezy Australia Pty Ltd [2020] FCA 1567 Appeal from: Mortgage Ezy Australia v Williams (formerly Turco) [2020] FCCA 1817

File number: WAD 165 of 2020

Judgment of: JACKSON J

Date of judgment: 30 October 2020

Catchwords: BANKRUPTCY AND INSOLVENCY - appeal from decision of Federal Circuit Court of Australia affirming decision of Registrar to grant a sequestration order - whether primary judge erred by finding proceedings against third parties did not identify a proper basis to adjourn the creditor's petition - discretionary decision - how primary judge reached the result embodied in his order not apparent - appellant failed to establish that primary decision unreasonable or plainly unjust so that a substantial wrong has occurred - whether primary judge erred by holding that proceedings against third parties could not constitute other sufficient cause why a sequestration order ought not to be made - finding open to the primary judge - other appeal grounds mischaracterise what primary judge held - no error established - appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 52, 60, 109

Cases cited: Endresz v Australian Securities and Investments Commission (No 2) [2015] FCAFC 33; (2015) 228 FCR 334 House v The King (1936) 55 CLR 499 Ling v Enrobook Pty Ltd (1997) 74 FCR 19 Maddestra v Penfolds Wines Pty Ltd (1993) 44 FCR 303 Pineview Property Holdings Pty Ltd v Dimitriou (No 2) [2019] FCA 1416 Re Ling; Ex parte Enrobook Pty Ltd (1996) 142 ALR 87 Turco v Mortgage Ezy Australia Pty Ltd [2020] FCA 1181