Federal Court of Australia
Federal Court of Australia
Toyota Finance Australia Limited v Youssef Berro [2022] FCA 497 File number(s): NSD 715 of 2021
Judgment of: BURLEY J
Date of judgment: 6 May 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – application by respondent to set aside sequestration orders and dismiss creditor's petition – where no evidence of statement of affairs provided – where respondent failed to establish he is able to pay his debts as and when they fall due – application dismissed PRACTICE AND PROCEDURE – application by respondent to set aside orders made in his absence dismissing his interim application – where evidence indicates the respondent did receive notice of the hearing date – application dismissed
Legislation: Acts Interpretations Act 1901 (Cth) s 29 Bankruptcy Act 1966 (Cth) ss 40, 43, 44, 47, 52, 54, 58, 116 Evidence Act 1995 (Cth) s 160 Federal Court of Australia Act 1976 (Cth) s 35A Bankruptcy Regulations 2021 (Cth) r 102 Federal Court (Bankruptcy) Rules 2016 r 7.05 Federal Court Rules 2011 (Cth) r 39.05
Cases cited: Bechara v Bates [2021] FCAFC 34; 388 ALR 414 Cain v Whyte [1933] HCA 6; 48 CLR 639 Civic Video Pty Ltd v Warburton [2013] FCA 934; 216 FCR 61 Clyne v Deputy Commissioner of Taxation [1985] FCA 4; 5 FCR 1 Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8; 343 ALR 632 Endresz v Australian Securities and Investments Commission (No 2) [2015] FCAFC 33; 228 FCR 334 Hardaker v Phair trading as Proctor Phair & Associates, in the matter of Hardaker [2002] FCA 1176 Harris v Caladine [1991] HCA 9; 172 CLR 84 Liang v LV Property Investments Pty Ltd [2015] FCA 1057 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 Re Sarina; Ex parte Wollondilly Shire Council [1980] FCA 66; 30 ALR 266 Rozenbes v Kronhill [1956] HCA 65; 95 CLR 407 Russell v Polites Investments Pty Ltd [2012] FCA 11 Shaw v Yarranova Pty Ltd [2017] FCAFC 88; 252 FCR 267 Totev v Sfar [2008] FCAFC 35; 167 FCR 193 Wolff v Donovan [1991] FCA 222; 29 FCR 480
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