Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blue Cube Developments Pty Ltd v Von Risefer [2022] FCA 1193 File number(s): VID 612 of 2021
Judgment of: MCELWAINE J
Date of judgment: 6 October 2022
Catchwords: BANKRUPTCY – sequestration order made by a registrar – application made by respondents for review of sequestration order by a judge – review hearing de novo –where no reason to go behind the judgment debt – no question of principle – turns on its own facts – sequestration order is affirmed
Legislation: Acts Interpretation Act 1901 (Cth) s28A Bankruptcy Act 1966 (Cth) ss 41, 43,44, 47, 52, 58(1), 306(1) Bankruptcy Regulations 2021 (Cth) reg 9, 10(1), 10A, 102 Federal Court Act 1976 (Cth) s 35A(5) Federal Court (Bankruptcy Rules) 2016 (Cth) rr .2.02, 4.02, 4.06
Cases cited: Bechara v Bates (2021) 286 FCR 166; [2021] FCAFC 34 Bradburn v The Great Western Railway Company (1874) L.R. 10 Ex 1 Cristovao v Tan & Tan Lawyers Pty Ltd [2018] FCAFC 41 House v The King (1936) 55 CLR 499 Ling v Enrobook Pty Ltd (1997) 74 FCR 19 Matsoukatidou v Yarra Ranges Council (2017) 51 VR 624; [2017] VSC 61 Mulhern v Official Receiver [2015] FCA 807 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132 Re Kostezky; Ex parte Milder Elfman Szmerling Kryer Pty (1996) 67 FCR 101 Von Risefer v Permanent Trustee Co Ltd [2003] HCATrans 354.
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