High Court of Australia

Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28

17 Aug 2017

Case Number: S53/2017


Kiefel CJ, Gageler, Keane, Nettle, Edelman JJ


Bankruptcy – Creditor's petition – Where petitioning creditor relied upon judgment debt – Where judgment debt resulted from contested hearing – Where no suggestion of fraud or collusion in obtaining judgment – Where evidence adduced to suggest debt not truly owing – Whether Bankruptcy Court has, and should exercise, discretion to "go behind" judgment to investigate debt.

Words and phrases – "debt truly owing", "fraud, collusion or miscarriage of justice", "'go behind' a judgment", "miscarriage of justice".

Bankruptcy Act 1966 (Cth) – s 52.
View   RTF

PDF MD5: fb6277bc5bc763be0846f8e8386e1ff8
RTF MD5: 16f62789113e60594fcf9d44e97cd1f5