Federal Court of Australia
Federal Court of Australia
Da Vesi Construction Group Pty Ltd v De Andrade [2021] FCA 1033 File numbers: ACD 16 of 2021 ACD 51 of 2021
Judgment of: THAWLEY J
Date of judgment: 13 August 2021
Date of publication of reasons: 26 August 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – creditor's petition for sequestration order under s 43 of the Bankruptcy Act 1966 (Cth) – sequestration order made BANKRUPTCY AND INSOLVENCY – application seeking order determining "that the bankrupt no longer be stayed from appealing an ACT Magistrates Court decision" – application seeking stay of proceeding ACD 16 of 2021 until proceeding ACD 51 of 2021 determined – proceeding ACD 51 of 2021 dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 33(1)(a), 43, 52, 58(3), 82 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.02, 4.04, 4.05, 4.06 Federal Court of Australia Act 1976 (Cth) s 35A(5)
Cases cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Da Vesi Construction Group Pty Ltd (ACN 122 278 735) v Rubie De Andrade [2019] ACTMC 1 Da Vesi Construction Group Pty Ltd v De Andrade [2019] FCA 553 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132 Wren v Mahony (1972) 126 CLR 212
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