Federal Court of Australia
Federal Court of Australia
Maclean v Brylewski, in the matter of Maclean [2024] FCA 1005 File number: NSD 287 of 2024
Judgment of: NICHOLAS J
Date of judgment: 2 September 2024
Catchwords: BANKRUPTCY – where applicant seeks annulment of her bankruptcy pursuant to s 153B of the Bankruptcy Act 1966 (Cth) – whether sequestration order ought not to have been made by Registrar – whether bankruptcy proceeding an abuse of process brought for a purpose foreign to the bankruptcy laws – whether first and second respondents sought and obtained sequestration order to prevent applicant from prosecuting proceedings in the Equity Division of the Supreme Court of New South Wales – whether applicant able to pay her debts Held: application dismissed with costs
Legislation: Bankruptcy Act 1966 (Cth) s 153B Family Court Act 1997 (WA) Pt 5A Family Provision Act 1982 (NSW)
Cases cited: Boles v Official Trustee in Bankruptcy (2001) 183 ALR 239 Brylewski v Maclean [2022] NSWSC 1654 Brylewski v Maclean (No 2) [2024] NSWSC 227 Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Edelsten v Deputy Commissioner of Taxation (NSW) (1989) 86 ALR 257 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Maclean v Brylewski [2022] NSWCA 217 Maclean v Brylewski [2023] NSWCA 128 Re Deriu (1970) 16 FLR 420 Re Papps; Ex parte Tapp (1997) 78 FCR 524 Re Raymond; Ex parte Raymond (1992) 36 FCR 424 Rigg v Baker (2006) 155 FCR 531 Williams v Spautz (1992) 174 CLR 509 Yang v L & H Group (a limited partnership) [2015] FCA 932
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