Aztech Science Pty Ltd v Daevys [2005] FCA 1828

Aztech Science Pty Ltd v Daevys [2005] FCA 1828

Leave was granted because the need for leave was a technical matter arising from the original damages claim against the bankrupt, that damages claim was no longer pressed, and the relief now sought would not impinge on the bankrupt's estate.

Jurisdiction
Australia
Judgment Date
13 December 2005
Procedural Posture
Application for Leave Under S 58(3)(b) of the Bankruptcy Act 1966 (cth) to Take Fresh Steps and Continue Supreme Court Proceedings / Orders and Reasons for Judgment
Outcome
Leave granted; each party to pay its or his own costs.
Legal Topics
['leave to Continue Legal Proceedings Against a Bankrupt' 'provable Debt' 'fresh Steps in Proceedings']
['bankruptcy' 'civil Procedure'] ['leave to Continue Legal Proceedings Against a Bankrupt' 'provable Debt' 'fresh Steps in Proceedings']

Case Brief

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Procedural Posture

Application for Leave Under S 58(3)(b) of the Bankruptcy Act 1966 (cth) to Take Fresh Steps and Continue Supreme Court Proceedings / Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether leave should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to take fresh steps and continue Supreme Court of New South Wales proceeding No 2187 of 2003.']

Ratio Decidendi

Leave was granted because the need for leave was a technical matter arising from the original damages claim against the bankrupt, that damages claim was no longer pressed, and the relief now sought would not impinge on the bankrupt's estate.

Court Disposition

Leave granted; each party to pay its or his own costs.

Orders

  • ['Pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth), leave is granted to the applicant to take fresh steps and continue with Supreme Court of New South Wales proceeding No 2187 of 2003.' 'For the purposes of order 1, leave to continue the said proceedings is deemed to have been granted on 2 March 2004.' 'Each...