Federal Court of Australia
Federal Court of Australia
Peek v Hennessy [2021] FCA 1187 File number: QUD 202 of 2021 QUD 203 of 2021
Judgment of: RANGIAH J
Date of judgment: 6 October 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – Bankruptcy Act 1966 (Cth) – applications to set aside bankruptcy notices – applications for extension of time to comply with bankruptcy notices – extensions sought until the High Court determines the constitutional validity of certain judgments– no basis for extensions established – whether court should go behind final judgments– no basis for going behind the judgments – applications dismissed – applicants to pay indemnity costs
Legislation: Constitution cl 5 and s 118 Bankruptcy Act 1966 (Cth) ss 30 and 41 Judiciary Act 1903 (Cth) ss 78B, 79 and 80 High Court Rules 2004 (Cth) r 6.07 Queensland Building Services Authority Act 1991 (Qld) s 42 Queensland Building Services Authority Regulation 2003 (Qld)
Cases cited: Chapel of Angels Pty Ltd Trading As Chapel of Angels v Hennessy Building Pty Ltd Trading As Hennessy Building ACN 117 587 998 In Its Own Capacity And As Trustee For The Hennessy Family Trust & Anor [2021] HCASL 40 (4 March 2021) Chapel of Angels Pty Ltd v Hennessy [2021] FCA 875 Chapel of Angels Pty Ltd v Hennessy Builder Pty Ltd & Anor [2018] QDC 218 Chapel of Angels Pty Ltd v Hennessy Builder Pty Ltd & Anor [2018] QDC 248 Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd & Anor [2017] QDC 280 Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd & Anor [2020] QCA 219 Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd & another [2021] QDC 81 Clyne v Deputy Commissioner of Taxation (1983) 57 ALJR 673 Dunkerley v Comcare [2019] FCA 1002 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132 Re Athans; Ex parte Athans (1991) 29 FCR 302 Re Briggs; Ex parte Briggs v Deputy Commissioner of Taxation (WA) (1986) 12 FCR 310 Sayer-Jones v Juju Bean Investments Pty Ltd [2020] FCA 177 Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886 Walton v Gardiner (1993) 177 CLR 378
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