Federal Court of Australia
Federal Court of Australia
Weston v Sanna (No 4) [2021] FCA 287 File number: NSD 276 of 2016
Judgment of: MARKOVIC J
Date of judgment: 26 March 2021
Catchwords: PRACTICE AND PROCEDURE – application for an interlocutory injunction restraining the sale of property by the trustee of the bankrupt estate of the seventh respondent (Trustee) – where first respondent claims entitlement to current full value pursuant to s 121(5) of the Bankruptcy Act 1966 (Cth) (Act) – no prima facie case established – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 121
Cases cited: Anscor Pty Ltd v Clout (Trustee) (2004) 135 FCR 469 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Walton v Gardiner (1993) 177 CLR 378 Weston (Trustee) v Sanna [2019] FCA 32 Westpac Banking Corporation v The Bell Group Limited (in liq) (No 3) (2012) 270 FLR 1
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 60
Date of hearing: 24 March 2021
Counsel for the Applicant: Mr A Spencer
Solicitor for the Applicant: Dentons Australia
Solicitor for the First Respondent: Mr T Hall of Hall Partners
Counsel for the Seventh Respondent: The Seventh Respondent appeared in person.
Solicitor for the Tenth Respondent: Mr G Adelstein of Adelstein Solicitors
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