Freeman v National Australia Bank Limited [2003] FCAFC 200

FEDERAL COURT OF AUSTRALIA

Freeman v National Australia Bank Limited [2003] FCAFC 200 BANKRUPTCY – sequestration order – alleged counterclaim against petitioning creditor – counterclaim based on Bank appointed receiver's sale of property at alleged under value – appeal against sequestration order – application for further evidence to be received – whether evidence said to go to Bank's intermeddling with receiver and acquiescence in alleged misconduct by receiver and to quantum of undervalue – criteria for admission of further evidence – evidence not cogent – unlikely to have yielded a different result - evidence mostly available at trial – evidence not admitted – appeal dismissed Bankruptcy Act 1966 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 27 Property Law Act 1974 (Qld) s 85 National Australia Bank Ltd v Freeman [2001] QCA 473 cited National Australia Bank Ltd v Freeman [2000] QFC 295 cited Freeman v National Australia Bank Ltd [2002] QFC 148 cited Udovenko and Others v Mitchell (1997) 79 FCR 418 cited Corney v Brien (1951) 84 CLR 343 cited Re Schmidt; Ex parte Anglewood Pty Ltd (1997) 13 FLR 111 cited Ling v Enrobook pty Ltd (1997) 74 FCR 19 cited Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435 cited CDJ v VAJ (1998) 197 CLR 172 approved Guss v Johnstone [2000] FCA 1455 approved Cottrell v Wilcox [2002] FCA 232 considered Muirhead v Commonwealth Bank of Australia (1997) 1 Qd R 567 cited State Bank of New South Wales v Kit Cheng Chia (2000) 50 NSWLR 587 cited American Express v Hurley [1985] 3 All ER 564 cited Standard Chartered Bank v Walker [1982] 1 WLR 1410 cited Gomez v State Bank of New South Wales [2002] FCA 442 cited LYNTON NOEL CHARLES FREEMAN v NATIONAL AUSTRALIA BANK LIMITED Q44 OF 2002 FRENCH, COOPER and RD NICHOLSON JJ 26 AUGUST 2003 PERTH (Heard in Brisbane)