Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spencer, in the matter of the Estate of Coshott [2022] FCA 1418 File number(s): NSD 217 of 2022
Judgment of: GOODMAN J
Date of judgment: 28 November 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – application for a sequestration order – debtor died after service of creditor's petition but before a sequestration order had been made – order made for the administration of the debtor's estate under Part XI of the Bankruptcy Act 1966 (Cth)
Legislation: Bankruptcy Act 1966 (Cth), ss 5, 40, 43, 44, 47, 52, 244, 245, 252B Bankruptcy Regulations 2021 (Cth), reg 10A Federal Court (Bankruptcy) Rules 2016, Part 4 Federal Court Rules 2011, Sch 3 Probate and Administration Act 1898 (NSW), s 61
Cases cited: Paciocco v Australia and New Zealand Banking Group Limited (No 2) [2017] FCAFC 146; (2017) 253 FCR 403 Totev v Sfar [2006] FCA 470; (2006) 230 ALR 236
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 36
Date of hearing: 7 November 2022
Counsel for the Applicant: Mr J T Johnson
Solicitor for the Applicant: ICL Lawyers
Counsel for the Supporting Creditor: Mr J T Johnson
Solicitor for the Respondent: No appearance
ORDERS NSD 217 of 2022 IN THE MATTER OF THE ESTATE OF RONALD MICHAEL COSHOTT BETWEEN: KEITH ROBERT SPENCER Applicant
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