Federal Court of Australia
Federal Court of Australia
Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105 Appeal from: Guss v Larkfield Industrial Estates Pty Ltd [2023] FedCFamC2G 235
File number(s): VID 239 of 2023
Judgment of: ROFE J
Date of judgment: 15 September 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit and Family Court of Australia – primary judge refused application to set aside bankruptcy notice – whether primary judge erred in finding that bankruptcy notice was not invalid on the ground of misstatement under s 41(5) of the Bankruptcy Act 1966 (Cth) – whether interlocutory costs orders are "costs of the proceeding" within the meaning of the County Court Civil Procedure Rules 2018 (Vic) – whether issuing bankruptcy notice was an abuse of process – whether application to extend time for compliance with bankruptcy notice competent if filed after expiry of time for compliance – appeal dismissed.
Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 2021 (Cth) Federal Court of Australia Act 1976 (Cth) County Court Civil Procedure Rules 2018 (Vic)
Cases cited: Australian Securities and Investments Commission v Forge (2003) 133 FCR 487 Guss v Larkfield Industrial Estates Pty Ltd [2023] FedCFamC2G 235 Lindholdt v Merritt Madden Printing Pty Ltd [2002] FCA 260 Re Riordan; Ex parte Riordan v Direct Acceptance Corp Ltd (1995) 63 FCR 147 Scandi International Pty Ltd & Anor v Larkfield Industrial Estate Pty Ltd (No 2) [2018] VCC 628 Scandi International Pty Ltd v Larkfield Industrial Estate Pty Ltd [2018] VCC 584
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