Federal Court of Australia
Federal Court of Australia
Whiteman v Deputy Commissioner of Taxation [2022] FCA 568 File number(s): VID 465 of 2021
Judgment of: WHEELAHAN J
Date of judgment: 18 May 2022
Catchwords: BANKRUPTCY – application for extension of time within which to seek leave to appeal made prior to sequestration order – where action was stayed by operation of s 60(2) of the Bankruptcy Act 1966 (Cth) – whether in the circumstances the action should be stayed or dismissed – question of costs.
Legislation: Bankruptcy Act 1966 (Cth) ss 60(2), 60(4), 60(4)(a), 82 and 116(2)(g) Federal Court of Australia Act 1976 (Cth) s 24(1D)(b) Federal Court Rules 2011 (Cth) r 26.01, 35.13, 35.14 and 36.05
Cases cited: Bendigo Bank v Demaria [2001] VSC 218 Cox v Journeuax No 2) [1935] HCA 48; 52 CLR 713 Cummins v Claremont Petroleum NL [1996] HCA 19; 185 CLR 124 Duckworth v Water Corporation [2012] WASC 30; 261 FLR 185 Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Frugtniet v Secretary, Department of Social Services [2021] FCAFC 127; 285 FCR 159 Garrett v Federal Commissioner of Taxation and Others [2015] FCA 665; 233 FCR 226 Luck v Chief Executive Officer of Centrelink [2017] FCAFC 92; 251 FCR 295 Milane v The President of the Shire of Heidelberg [1928] VLR 52 Randall v Deputy Commissioner of Taxation and Another [2008] FCA 1939; 174 FCR 441 Savage v Australian Unity Funds Management Ltd [2011] NSWCA 270
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