Paras v Westpac Banking Corporation [2021] FCA 616

Federal Court of Australia

Paras v Westpac Banking Corporation [2021] FCA 616 Appeal from: Westpac Banking Corporation v Paras & Anor [2020] FCCA 1156

File number(s): VID 434 of 2020

Judgment of: ANDERSON J

Date of judgment: 10 June 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit Court – appeal against sequestration orders made against appellants – whether respondent bank entitled to issue a bankruptcy notice – whether deed of settlement between appellants and respondent was an accord and satisfaction – whether respondent bank engaged in unconscionable conduct or other disentitling conduct BANKRUPTCY AND INSOLVENCY – respondent bank entitled to issue bankruptcy notice – deed of settlement was an accord executory – no disentitling conduct on part of respondent bank – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth), ss 52, 245 Federal Court of Australia Act 1976 (Cth), Pt III, Div 2

Cases cited: Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 3) [2019] FCA 72 Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Findex Group Limited v McKay [2020] FCAFC 182 Gomez v Kuhadas (No 2) [2015] FCA 561 Issa v Dairy Farmers Pty Ltd [2018] FCA 542 Liang v LV Property Investments Pty Ltd [2015] FCA 1057 McDermott v Black (1940) 63 CLR 161 Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50 Reckitt Benckiser Healthcare (UK) Ltd v Glaxosmithkline Australia Pty Ltd (No 5) [2015] FCA 486 Westpac Banking Corporation v Paras & Anor [2020] FCCA 1156