Cottrell v Wilcox [2002] FCAFC 53; [2002] FCA 232

Cottrell v Wilcox [2002] FCAFC 53 Cottrell v Wilcox [2002] FCA 232

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Cottrell v Wilcox [2002] FCA 232

BANKRUPTCY – appeal against sequestration order – application by appellant to lead further evidence on appeal – whether appellant entitled to go behind judgment debt – bankruptcy notice based on judgment debt arising out of Local Court judgment – judgment debt set aside by Local Court after sequestration order made – whether appellant thereby entitled to have sequestration order set aside Federal Court of Australia Act 1976 (Cth) s 35A(6) Bankruptcy Act 1966 (Cth) ss 52, 153A and 153B Federal Court Rules O 77 r 19 Martin v Commonwealth Bank [2001] FCA 87 referred to Australia and New Zealand Banking Group Ltd v Prestia [2001] FCA 792 at par [32] referred to CDJ v VAJ (1998) 197 CLR 172 at 184-186, 199-201 and 230-238 referred to DAVID MERVYN COTTRELL v JOHN ALFRED WILCOX N1415 OF 2001 BRANSON, WEINBERG and DOWSETT 14 MARCH 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1415 OF 2001

ON APPEAL FROM A SINGLE JUDGE

BETWEEN: DAVID MERVYN COTTRELL