Federal Court of Australia
Federal Court of Australia
Smith, in the matter of Reischl v Reischl [2020] FCA 1852 File number: NSD 168 of 2020
Judgment of: FARRELL J
Date of judgment: 16 December 2020
Date of publication of reasons: 22 December 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) for review of sequestration order made by Registrar – where creditor's petition founded on a default judgment – whether Court should exercise discretion to go behind judgment – application dismissed.
Legislation: Bankruptcy Act 1966 (Cth) ss 44, 47, 52 Federal Court of Australia Act 1976 (Cth) ss 35A, 37M, 37N Federal Court Rules 2011 (Cth) r 36.08 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.06, 7.03
Cases cited: Ali v Retail Decisions Pty Ltd [2012] FCA 1130 Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145 Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84 Palasty v Parlby [2007] NSWCA 345 Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52; (2004) 219 CLR 165 Totev v Sfar [2008] FCAFC 35; (2008) 167 FCR 193
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 69
Dates of hearing: 29 October 2020 11 November 2020 16 December 2020
Counsel for the Applicants: Mr M Klooster
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