Federal Court of Australia
Federal Court of Australia
Shaw v The Official Trustee in Bankruptcy [2023] FCA 570 Application for leave to appeal from: The Official Trustee in Bankruptcy v Shaw [2023] FCA 298
File number(s): QUD 145 of 2023
Judgment of: MORTIMER CJ
Date of judgment: 1 June 2023
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where orders made relieving respondent from compliance with Notices to Produce – whether primary decision attended by doubt sufficient to warrant review by full court – whether applicant would endure substantial injustice unless leave to appeal were granted – where primary judge finally determined aspect of applicant's interlocutory application with respect to which documents were sought – where granting leave would be disproportionate relief – where respondent agreed to produce some of the documents sought – application to be dismissed by operation of orders upon the production of those documents
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Public Governance, Performance and Accountability Act 2013 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: House v The King [1936] HCA 40; 55 CLR 499 Nationwide News Pty Ltd v Rush [2018] FCAFC 70 Noonan v Kelly [2021] FCA 182 Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority [2020] FCA 1570 Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569 Wong v Sklavos [2014] FCAFC 120; 319 ALR 378
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate