C Pty Ltd v Sommer [2021] FCAFC 87 (31 May 2021) (Allsop CJ, Markovic and Banks-Smith JJ)


Catchwords:


BANKRUPTCY – application for leave to appeal and extension of time to appeal from orders of Federal Circuit Court refusing to set aside bankruptcy notice and dismiss proceedings – where appellant conceded that costs assessment underlying the bankruptcy notice was affected by error – where respondent had filed an application to set aside the bankruptcy notice – whether primary judge had a discretion to set aside bankruptcy notice and dismiss proceedings – where review process by specialist review panel to correct costs assessor’s determination available – sufficient doubt to warrant grant of leave – substantial injustice would result if leave not granted – leave to appeal and extension of time to appeal granted – appeal allowed