Recent Cases

Broadbent v Medical Board of Australia [2023] FCAFC 186 (04 December 2023) (Collier, Meagher and Horan JJ)


Catchwords:


BANKRUPTCY – appeal from dismissal of application for review of sequestration order made by a registrar – whether error in exercise of discretion to make sequestration order on creditor’s petition – whether sufficient cause why sequestration order ought not be made – whether there was in truth and reality a debt due to the petitioning creditor – judgment debt arising from costs orders made against debtor in previous proceedings based on earlier bankruptcy notice – where grounds of appeal related to historical complaints regarding separate disciplinary proceedings conducted by Queensland Civil and Administrative Tribunal – whether respondent was proper creditor – whether debtor had real claim against petitioning creditor that was likely to succeed – whether debtor’s ill-health at time of bankruptcy notice prevented his representation – no error established in exercise of discretion by primary judge – appeal dismissed