Mastronardo v Commonwealth Bank of Australia [2021] FCA 443

Federal Court of Australia

Mastronardo v Commonwealth Bank of Australia [2021] FCA 443 Appeal from: Commonwealth Bank of Australia trading as Bankwest v Mastronardo [2020] FCCA 2614

File number(s): NSD 1157 of 2020

Judgment of: GRIFFITHS J

Date of judgment: 30 April 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit Court – appeal against dismissal of application to adjourn hearing of creditor's petition – discretionary decisions and finding that proposed cross-claim was not reasonably arguable – no House v R (1936) 55 CLR 499 error established – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth), s 52(2)(b)

Cases cited: Barton v Malcolm Johns Legal Pty Ltd (No 2) [2015] FCA 166 Commonwealth Bank of Australia Trading as Bankwest v Mastronardo [2019] FCCA 2371 Commonwealth Bank of Australia Trading as Bankwest v Mastronardo [2020] FCCA 2614 Commonwealth Bank of Australia Trading as Bankwest v Mastronardo (No 2) [2020] FCCA 2609 Commonwealth Bank of Australia v Remo 97-99 Queens Road Pty Ltd [2019] NSWSC 510 House v R (1936) 55 CLR 499 Liang v LV Property Investments Pty Ltd [2015] FCA 1057 Mastronardo v Commonwealth Bank of Australia Trading as Bankwest [2017] NSWSC 1052 Mastronardo v Commonwealth Bank of Australia Ltd [2018] NSWCA 136 Mastronardo v Commonwealth Bank of Australia [2018] HCASL 361 Mastronardo v Commonwealth Bank of Australia [2019] FCAFC 127 Re Ling; Ex parte Enrobook Pty Ltd (1996) 142 ALR 87 Via Sanantonio Pty Ltd v Commonwealth Bank of Australia [2019] FCA 58 Williams (formerly Turco) v Mortgage Ezy Australia Pty Ltd [2020] FCA 1567