Federal Court of Australia
Federal Court of Australia
Storry v Weir (No 2) [2022] FCA 1360 File number: QUD 103 of 2022
Judgment of: THOMAS J
Date of judgment: 15 November 2022
Catchwords: PRACTICE AND PROCEDURE – application under r 39.05(b) of the Federal Court Rules 2011 (Cth) – whether judgment was procured by fraud – whether successful party responsible for the fraud – no allegations of fraud made out – no allegations of fraud relate to the judgment – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Agents Financial Administration Act 2014 (Qld)
Cases cited: Clone Pty Ltd v Players Pty Ltd (in liquidation) (Receivers and Managers Appointed) (2018) 264 CLR 165; [2018] HCA 12 Laffer v Michelmore Real Estate Group Pty Ltd [2014] FCA 495 McDonald v McDonald (1965) 113 CLR 529 Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 Spalla v St George Motor Finance Ltd (ACN 007 656 555) (No 5) [2004] FCA 1262 Storry v Weir [2022] FCA 794 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Wu Avin Operations Pty Ltd (No 2) [2006] FCA 792
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 104
Date of hearing: 20 September 2022
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