Samootin v Official Trustee in Bankruptcy [2012] FCA 64

Samootin v Official Trustee in Bankruptcy [2012] FCA 64

It is just and convenient to order that the question whether the application was filed within the time limit prescribed by s 178(2) of the Bankruptcy Act 1966 (Cth) be heard and determined separately before any further step in the proceedings, as this is a threshold issue definitional of the Court's jurisdiction,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Motion/application / Pre Trial, Application for Separate Hearing of Preliminary Question
Outcome
Application for separate hearing granted
Legal Topics
['separate Hearing of Preliminary Question' 'time Limits for Applications' 'jurisdictional Threshold Under S 178 of Bankruptcy Act']
['bankruptcy' 'practice and Procedure'] ['separate Hearing of Preliminary Question' 'time Limits for Applications' 'jurisdictional Threshold Under S 178 of Bankruptcy Act']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion/application / Pre Trial, Application for Separate Hearing of Preliminary Question

Legal Issues

  1. 1 ["Whether the applicant's application was filed within the time limit prescribed by s 178(2) of the Bankruptcy Act 1966 (Cth)" 'Whether the question of time limit should be heard separately from other questions']

Ratio Decidendi

It is just and convenient to order that the question whether the application was filed within the time limit prescribed by s 178(2) of the Bankruptcy Act 1966 (Cth) be heard and determined separately before any further step in the proceedings, as this is a threshold issue definitional of the Court's jurisdiction, and its separate determination will promote timely and efficient resolution.

Court Disposition

Application for separate hearing granted

Orders

  • ["The question whether the applicant's application of 18 February 2011 was filed within the time limit prescribed by s 178(2) of the Bankruptcy Act 1966 (Cth) be heard separately from any other questions." 'That the separate question referred to in order 1 be heard and determined before any further step is taken in...