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IN THE FEDERAL COURT OF AUSTRALIA |
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on appeal from a juDge of the federal court of australia
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BETWEEN: |
Appellant
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AND: |
THOMAS JAMES DONALD AND ANOTHER RespondentS
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JUDGE(S): |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT (EX TEMPORE)
BRANSON J: This is an appeal from a decision of Lindgren J given on 12 August 1997, dismissing an application to set aside a bankruptcy notice. The amended notice of appeal contains three grounds. For myself I am satisfied that there is no substance in any of those grounds. That is, that no error in the reasons for judgment of Lindgren J has been identified.
For completeness I add that the appellant sought today to place before the Court a further amended notice of appeal. Such further amended notice of appeal sought to raise issues not relevant to the appeal before the Court. The Court refused the appellant leave to further amend his notice of appeal.
In addition, the appellant raised with the Court the question of whether or not the judgment of the magistrate which supported the bankruptcy notice was a judgment that this Court ought to go behind. As to that, it was an issue considered by Lindgren J, as his reasons for judgment show. His Honour addressed the question and determined in the exercise of his discretion not to go behind the judgment. I am not satisfied that any error has been shown in the approach of Lindgren J to that question.
In my view, the appeal should be dismissed.
TAMBERLIN J: Yes, I agree with the reasons and the orders proposed by the presiding judge.
KIEFEL J: I also agree and have nothing to add.
BRANSON J: The order of the Court is that the appeal be dismissed.
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I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Court. |
Associate:
Dated:
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The Appellant appeared in person. |
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Counsel for the Respondents: |
R. Quickenden |
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Solicitor for the Respondents: |
Tonkin Drysdale Partners |
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Date of Hearing: |
11 March 1998 |
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Date of Judgment: |
11 March 1998 |
