Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Davey v Vrsecky (Trustee), in the matter of Dessmann [2023] FCA 1274 Appeal from: Davey v Vrsecky (Trustee), in the matter of Dessmann (Bankrupt) [2023] FedCFamC2G 551
File number: VID 419 of 2023
Judgment of: BEACH J
Date of judgment: 24 October 2023
Catchwords: BANKRUPTCY – appeal – order of primary judge refusing leave to proceed against a bankrupt – operation of s 58(3)(b) of the Bankruptcy Act 1966 (Cth) – whether compensation order a provable debt – application of s 82(3) – no penalty or fine – inapplicability of s 82(3) – new appeal ground concerning s 82(2) – leave to raise refused – compensation order liability is a provable debt – leave to proceed refused – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 82 Civil Procedure Act 2010 (Vic) ss 17, 18, 21, 28, 29, 30, Part 4.5
Cases cited: Director-General, Department of Services, Technology & Administration v Veall (No 6) [2012] NSWSC 1118 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Mathers v Commonwealth of Australia (2004) 134 FCR 135
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 32
Date of hearing: 23 October 2023
Counsel for the Appellant: The appellant was self-represented
Counsel for the First Respondent: Ms C Moorfoot
Solicitor for the First Respondent: FAL Lawyers
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