Federal Court of Australia
Federal Court of Australia
Fidelity Capital (Australia) Pty Ltd v Delic [2022] FCA 41 Appeal from: Delic v Kazar and Slaven as Joint Trustees in the Bankrupt Estate of Delic (No 2) [2021] FCCA 130
File number(s): NSD 131 of 2021
Judgment of: GRIFFITHS J
Date of judgment: 1 February 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from decision to reverse admission of proof of debt by trustee in bankruptcy pursuant to s 104(2) of the Bankruptcy Act 1966 (Cth) – proposed consent orders allowing appeal withdrawn – consideration of appropriate role of Court with respect to consent orders when exercising appellate jurisdiction under Bankruptcy Act – debt arising from buy and lease back loan agreement over two vehicles terminated due to insolvency of company – whether guarantee by respondent amounted to a provable debt – held: appeal allowed in part
Legislation: Bankruptcy Act 1966 (Cth) ss 82, 102, 104, 107 Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 25(2B)(b)
Cases cited: Australian Competition and Consumer Commission v Real Estate Institute (WA) [1999] FCA 1387; 95 FCR 114 Australian Competition and Consumer Commission v Woolworths (SA) Pty Ltd [2003] FCA 530; 193 ALR 417 Bradken Ltd v Norcast S.ar.L [2013] FCAFC 123; 219 FCR 101 Café Du Liban Pty Ltd v Bespoke Garage Pty Ltd [2017] NSWSC 779 Daevys v Official Trustee in Bankruptcy [2011] FCA 398 Delic v Kazar and Slaven as Joint Trustees in the Bankrupt Estate of Delic (No 2) [2021] FCCA 130 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 James v Woodgate [2012] FMCA 1214; 273 FLR 22 Lamson Store Service Co Ltd v Russell Wilkins & Sons Ltd [1906] HCA 87; 4 CLR 672 Midland Montagu Australia Ltd v Harkness (1994) 35 NSWLR 150 O'Dea v Allstates Leasing System (WA) Pty Ltd [1983] HCA 3; 152 CLR 359 Re Payne; Ex Parte Levi [1986] FCA 320 Re Scott (Trustee), in the matter of Heinrich (Bankrupt) [2006] FCA 718 Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Ltd [2021] FCA 1467; 163 IPR 491 Robertson v Knott Investments Pty Ltd (No 3) [2010] FCA 1074 Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy [2008] FCAFC 7; 166 FCR 64 Thompson Australia Holdings Pty Ltd v Trade Practices Commission [1981] HCA 48; 148 CLR 150
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