Federal Court of Australia
Federal Court of Australia
Storry v Weir [2022] FCA 794 Appeal from: Weir v Storry [2022] FedCFamC2G 183
File number: QUD 103 of 2022
Judgment of: THOMAS J
Date of judgment: 7 July 2022
Catchwords: BANKRUPTCY – Bankruptcy Act 1966 (Cth) – appeal against decision of the Federal Circuit and Family Court of Australia – further application for interlocutory relief –where primary judge made sequestration order against the appellant – whether primary judge erred in making findings about prospects of success of further appeal – whether reason for primary judge to look behind the judgment debt to determine whether there was "in truth and reality a debt due to the petitioning creditor" – whether primary judge failed to consider appellant's pending application and appeal in the District Court – appeal and interlocutory application dismissed with costs
Legislation: Bankruptcy Act 1966 (Cth) Magistrates Courts Act 1921 (Qld) Uniform Civil Procedure Rules 1999 (Qld)
Cases cited: Doggett v Commonwealth Bank of Australia [2019] FCAFC 19 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132; [2017] HCA 28 Sandell v Porter (1966) 115 CLR 666 Storry v Commissioner of Police [2017] QDC 282 Storry v Commissioner of Police [2018] QCA 291 Storry v Weir [2022] FCA 362 Tu v Chang (No 2) [2016] FCA 1568 Wanstall v Burke [1925] St R Qd 295 Weir v Storry [2022] FedCFamC2G 183 Wren v Mahony (1972) 126 CLR 212
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