Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Adams v Lambert [2004] FCAFC 322
BANKRUPTCY – bankruptcy notice – post-judgment interest claimed under wrong provision of Act – whether distinguishable from case where post-judgment interest claimed under wrong Act – whether error was a failure to meet a requirement made essential by the Bankruptcy Act 1966 (Cth) – inappropriateness of reconsidering majority decision of specially convened five member Full Court. Acts Interpretation Act 1901 (Cth), s 25C Bankruptcy Act 1966 (Cth), s 41 Australian Steel Co (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 followed Cosco v Tsatsoulis [2002] FCA 358; (2002) 189 ALR 559 referred to Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 applied Marshall v General Motors Acceptance Corporation Australia (2003) 127 FCR 453 referred to COLIN ADAMS v REGINALD LAMBERT No ACD 22 of 2004 COLIN ADAMS v MATTHEW LAMBERT No ACD 23 of 2004 WHITLAM, FINN & CONTI JJ SYDNEY (HEARD AT CANBERRA) 9 DECEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY ACD 22 OF 2004
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COLIN ADAMS
APPELLANT
AND: REGINALD LAMBERT
RESPONDENT
JUDGES: WHITLAM, FINN and CONTI JJ
DATE OF ORDER: 9 DECEMBER 2004
WHERE MADE: SYDNEY (HEARD AT CANBERRA)
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY ACD 23 OF 2004
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COLIN ADAMS
APPELLANT
AND: MATTHEW LAMBERT
RESPONDENT
JUDGES: WHITLAM, FINN and CONTI JJ
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