Pan v Macarthur Central Shopping Centre Pty Ltd [2023] FCA 1199

Federal Court of Australia

Pan v Macarthur Central Shopping Centre Pty Ltd [2023] FCA 1199 Appeal from: Macarthur Central Shopping Centre Pty Ltd v Pan [2022] FedCFamC2G 1029

File number(s): QUD 10 of 2023

Judgment of: DOWNES J

Date of judgment: 11 October 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal against decision of Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) dismissing application for review of sequestration order made by registrar – where summary judgment against appellant entered by District Court of Queensland – where appellant did not have legal representation at hearings in District Court and FCFCOA – where English is appellant's second language – whether primary judge stated correct legal test – where appellant sought leave to advance new argument not advanced before primary judge – where appellant sought to contend that grounds existed for going behind judgment debt – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) r 7.05(2)

Cases cited: Corney v Brien (1951) 84 CLR 343 Cumins v Deputy Commissioner of Taxation (2008) 172 FCR 425; [2008] FCAFC 185 Doggett v Commonwealth Bank of Australia [2019] FCAFC 19 Macarthur Central Shopping Centre Pty Ltd v Di Pan [2021] QDC 344 Macarthur Central Shopping Centre Pty Ltd v Pan [2022] FedCFamC2G 1029 Pan v Macarthur Central Shopping Centre Pty Ltd [2022] QCA 150 Ramsay Health Care Australia v Compton (2017) 261 CLR 132; [2017] HCA 28