Federal Court of Australia
Federal Court of Australia
Marketlend Pty Ltd v Govindasamy, in the matter of Govindasamy [2024] FCA 704 File number(s): NSD 1213 of 2023
Judgment of: STEWART J
Date of judgment: 27 June 2024
Catchwords: BANKRUPTCY – review of Registrar's dismissal of application to adjourn creditor's petition under s 206 of the Bankruptcy Act 1966 (Cth) to allow a personal insolvency agreement (PIA) to be executed – where majority of creditors approved the PIA – whether PIA for the advantage of creditors – where paltry return for creditors under PIA and in bankruptcy – where debtor's affairs are complicated – where investigation of affairs justified – application to adjourn dismissed, Registrar's sequestration order confirmed
Legislation: Bankruptcy Act 1966 (Cth) ss 188, 189AAA, 204(3), 206(1) Federal Court of Australia Act 1976 (Cth) s 35A(5)
Cases cited: Bechara v Bates [2021] FCAFC 34; 286 FCR 166 DCT v Zappia [2019] FCA 2152 Smits v Lillas & Loel Lawyers Pty Ltd [2016] FCAFC 143
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 42
Date of hearing: 27 June 2024
Counsel for the applicant: A Berriman
Solicitors for the applicant: Emerson Lewis Lawyers
Counsel for the respondent: T Kentish
Solicitors for the respondent: Pana Legal
ORDERS NSD 1213 of 2023 IN THE MATTER OF SENTHIL GOVINDASAMY BETWEEN: MARKETLEND PTY LTD Applicant
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