APPEAL AND NEW TRIAL – whether the primary judge denied the appellants procedural fairness – whether the primary judge failed to provide adequate reasons for judgment
BANKRUPTCY AND INSOLVENCY – whether creditor’s petition had lapsed – whether creditor’s petition invalid – whether bankruptcy notice invalid – whether appellants were solvent – whether primary judge erred in failing to go behind the judgment – whether petitioning creditors obtained benefit of legal costs paid unlawfully through misappropriation of funds – appeal dismissed
EVIDENCE – application to adduce further evidence on appeal – whether further evidence would result in different outcome – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1521
For more information, see the original judgement.