Federal Court of Australia
Federal Court of Australia
StockCo Agricapital Pty Limited, in the matter of Webb (Bankrupt) v Webb [2024] FCA 302 File number: SAD 114 of 2023
Judgment of: BESANKO J
Date of judgment: 28 March 2024
Catchwords: BANKRUPTCY — application by secured creditor for an order under s 33(1)(b) of the Bankruptcy Act 1966 (Cth) (the Act) allowing an amendment of a Creditor's Petition — where the secured creditor did not set out in the Creditor's Petition particulars of its security as required by s 44 of the Act — whether leave should be given to amend the Creditor's Petition — where error the result of inadvertence — where there is no evidence of prejudice to creditors — where there has been no unnecessary delay by the secured creditor since discovering the error — leave granted
Legislation: Bankruptcy Act 1966 (Cth) ss 33, 43, 44
Cases cited: In re a Debtor Ex parte Okill v The Debtor [1977] 1 WLR 1308 Re Finn; Ex parte Amoco Australia Ltd (1982) 41 ALR 487 Re Florance; Ex parte Turimetta Properties Pty Ltd (1979) 28 ALR 403 Re Kwiatek; Ex parte Big J Ltd v Pattison (1989) 21 FCR 374 Re O'Leary, Ex parte Bayne (1985) 61 ALR 674 Re Wiggins; Ex parte Credit Assistance Pty Ltd (1979) 30 ALR 443; (1979) 36 FLR 182 Valladares as Executor of Estate of Andreazza v De Angelis [2020] FCA 1865 Wright Designed Pty Ltd v McClymont [2006] FCA 999; (2006) 232 ALR 683
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
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