Federal Court of Australia
Federal Court of Australia
Harrison (Trustee) Roberts v Roberts, in the matter of Roberts [2024] FCA 1365 File number(s): NSD 1643 of 2024
Judgment of: BROMWICH J
Date of judgment: 18 November 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – letter of request to foreign court exercising jurisdiction in bankruptcy to act in aid of and be auxiliary to the Federal Court of Australia – application made ex parte in circumstances where bankrupt non-communicative – application granted and letter to the New Zealand High Court to issue
Legislation: Bankruptcy Act 1966 (Cth) ss 27, 29(4), 30. 58(1) Insolvency Act 2006 (NZ) ss 411 Insolvency (cross-border) Act 2006 (NZ) ss 3, 4, 8, 8(1), 8(2), Article 1(1)(a) of Schedule 1
Cases cited: Ex parte Warner; Re Barnes [2018] FCA 1784 Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 5) [2019] FCA 1341; 139 ACSR 56 Mclean (Trustee) v Kurene, in the matter of Kurene [2020] FCA 464 Official Assignee and Bankruptcy of the property of Hanna in the matter of Hanna v Hanna [2018] FCA 156; 15 ABC(NS) 603 Re Ayres; ex parte Evans (1981) 34 ALR 582 Re Clunies-Ross v Ex parte Totterdell [1987] 82 ALR 475
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 20
Date of hearing: 18 November 2024
Counsel for the Applicant: Mr A Hughes
ORDERS NSD 1643 of 2024 IN THE MATTER OF BANKRUPT ESTATE OF ROBERTS BETWEEN: BRETT RICHARD GEOFFREY HARRISON Applicant
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