Federal Court of Australia
Federal Court of Australia
The Official Trustee in Bankruptcy v Shaw (No 5) [2024] FCA 1490 File number: VID 361 of 2021
Judgment of: SARAH C DERRINGTON J
Date of judgment: 20 December 2024
Catchwords: PRACTICE AND PROCEDURE – discontinuation of proceeding – where leave to discontinue proceeding granted – whether interlocutory orders sought by the respondent survive discontinuance – whether interlocutory orders sought constitute valid cross-claim
Legislation: Bankruptcy Act 1966 (Cth) ss 15, 18, 134(1)(j), 179, Schedule 2 Federal Court of Australia Act 1976 (Cth) ss 23, 37AO(2) Federal Court Rules 2011 (Cth) rr 1.32, 15.01, 15.11(b), 26.12, Pt 15, Schedule 1 Insolvency Practice Rules (Bankruptcy) ss 90-1, 90-2, 90-5, 90-10, 90-15, 90-20
Cases cited: Blair v Curran [1939] HCA 23; 64 CLR 464 Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876 Covell Matthews & Partners v French Wools Ltd [1978] 1 WLR 1477 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 SCI Operations Pty Ltd v Trade Practices Commission [1984] FCA 52; 2 FCR 113 Davis v Military Rehabilitation and Compensation Commission [2024] FCA 736 Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2012] FCA 132 Lord (as liquidator for the second plaintiff) v CMR of Taxation (unreported, Supreme Court of New South Wales (Equity Division), 11 September 2002) McEvoy v Federal Commissioner of Taxation [2021] FCA 216 O'Neill v Mann [2000] FCA 1680 Shaw v The Official Trustee in Bankruptcy [2024] FCA 137 Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569 SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd [2015] FCA 787 The Official Trustee in Bankruptcy v Shaw (No 3) [2023] FCA 1178 The Official Trustee in Bankruptcy v Shaw (No 4) [2024] FCA 1345 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; 256 CLR 507 Trade Practices Commission v Manfal Pty Ltd (No 3) (1991) 33 FCR 382
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