Federal Court of Australia
Federal Court of Australia
Arwon Finance Pty Ltd v Wilson [2021] FCA 1599 File number: WAD 215 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 16 December 2021
Catchwords: BANKRUPTCY - whether leave should be granted to amend the creditor's petition to record that the creditor would proceed on the basis that its security was surrendered - leave granted
Legislation: Bankruptcy Act 1966(Cth) ss 33, 43, 44, 52
Cases cited: Arwon Finance Pty Ltd v Wilson [2019] WASC 244 MacDonald v Official Trustee in Bankruptcy [2001] FCA 140; (2001) 107 FCR 72 Valladares as executor of the estate of Sabrina Karen Andreazza v De Angelis [2020] FCA 1865 Wilson v Arwon Finance Pty Ltd [2020] WASCA 137 Wilson v Arwon Finance Pty Ltd [2021] FCA 1052
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 27
Date of hearing: 16 December 2021
Counsel for the Applicant: Mr VN Ghosh
Solicitor for the Applicant: Allens
Counsel for the Respondent: Mr J Sippe
Solicitor for the Respondent: Laird Lawyers
ORDERS WAD 215 of 2021
BETWEEN: ARWON FINANCE PTY LTD Applicant
AND: FRANK CULLITY WILSON Respondent
order made by: BANKS-SMITH J DATE OF ORDER: 16 DECEMBER 2021
THE COURT ORDERS THAT:
1. Pursuant to s 33(1)(b of the Bankruptcy Act 1966 (Cth), leave be granted to the applicant to immediately file and serve an amended creditor's petition, substantially in the form annexed to the affidavit of Christopher Prestwich sworn 26 November 2021 and marked 'A'. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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