Federal Court of Australia
Federal Court of Australia
Ritson v Commissioner of Police, New South Wales Police Force (No 2) [2021] FCA 93 File number: NSD 797 of 2020
Judgment of: MARKOVIC J
Date of judgment: 15 February 2021
Catchwords: BANKRUPTCY – application for leave to appeal from orders of the Federal Circuit Court of Australia (FCC) – whether FCC erred in refusing the applicant's request for recusal – whether FCC denied the applicant procedural fairness – whether FCC erred in affirming the power of the Federal Court of Australia to make orders extending time for compliance with a bankruptcy notice under s 52(5) of the Bankruptcy Act 1966 (Cth) – whether FCC erred in refusing to order provision of accounting and banking records and further and better particulars – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 29, 37, 43, 44 Federal Circuit Court Act 1999 (Cth) s 17A Federal Circuit Court Rules 2001 (Cth) r 13.10 Federal Court of Australia Act 1976 (Cth) s 24(1A) Uniform Civil Procedure Rules 2005 (NSW r 39.1)
Cases cited: Chan v Harris (No 3) [2011] FCA 341 Décor Corporation v Dart Industries Inc (1991) 33 FCR 397 Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC 138 Food Channel Network Pty Ltd v Television Food Network, G.P [2009] FCA 1446 Ritson v Commissioner of Police, New South Wales Police Force [2019] NSWCA 106 Shepard v Chiquita Brands (South Pacific) Ltd (2004) 1 ABC (NS) 610 Waters v Commonwealth of Australia (Australian Taxation Office) [2015] FCAFC 46
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