Federal Court of Australia
Federal Court of Australia
Nelson v Thompson [2021] FCA 1055 File number(s): QUD 237 of 2021
Judgment of: DOWNES J
Date of judgment: 1 September 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – claim brought against former solicitor – solicitor became bankrupt – whether leave should be granted to take a step in a proceeding pursuant to s 58(3) Bankruptcy Act 1966 (Cth) – application allowed.
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 58(3), 82
Cases cited: 7Steel Building Solutions Pty Ltd v Wright [2011] FCA 328 Allanson v Midland Credit Ltd (1977) 30 FLR 108; [1977] FCA 66 Coventry v Charter Pacific Corporation Ltd (2005) 227 CLR 234; [2005] HCA 67 GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited (No 2) [2020] FCA 1440 Lovell v Penkin (A Bankrupt) and Another (2008) 101 ALD 335; [2008] FCA 637 Nelson v Thompson [2020] WASC 261 The Owners – Strata Plan 80647 v WFI Insurance Limited and another (2015) 299 FLR 77; [2015] NSWSC 1161
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 25
Date of hearing: The application was determined on the papers
Counsel for the Applicant: Mr DJ Garnsworthy
ORDERS QUD 237 of 2021
BETWEEN: PETER STANLEY NELSON Applicant
AND: JARROD ROBERT THOMPSON First Respondent
OFFICIAL TRUSTEE IN BANKRUPTCY Second Respondent
order made by: DOWNES J DATE OF ORDER: 1 September 2021
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