Maxwell-Smith v Donnelly [2012] FCAFC 82

FEDERAL COURT OF AUSTRALIA

Maxwell-Smith v Donnelly [2012] FCAFC 82 Citation: Maxwell-Smith v Donnelly [2012] FCAFC 82

Appeal from: Maxwell-Smith v Donnelly (No 3) [2011] FCA 1226; Maxwell-Smith v Donnelly (No 2) [2011] FCA 225; Maxwell-Smith v Donnelly [2010] FCA 474

Parties: INGE MAXWELL-SMITH and EUGENE MAXWELL-SMITH v MAX CHRISTOPHER DONNELLY and S & E HALL PTY LTD

File number: NSD 1904 of 2011

Judges: RARES, COWDROY AND GRIFFITHS JJ

Date of judgment: 16 May 2012

Legislation: Bankruptcy Act 1966 (Cth) ss 154, 179(1)

Date of hearing: 16 May 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 12

The first appellant appeared in person

Counsel for the First Respondent: Mr B J Skinner

Solicitor for the First Respondent: Church & Grace

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1904 of 2011

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: INGE MAXWELL-SMITH

First Applicant

EUGENE MAXWELL-SMITH

Second Applicant

AND: MAX CHRISTOPHER DONNELLY

First Respondent

S & E HALL PTY LTD

Second Respondent

JUDGES: RARES, COWDROY AND GRIFFITHS JJ DATE OF ORDER: 16 MAY 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed 2. The notice of motion filed by the appellant on 2 May 2012 be dismissed. 3. The first respondent's costs in the administration, under the Bankruptcy Act 1966 (Cth), of the estates of the appellants include the costs, charges, expenses and remuneration of and incidental to the appeal and notice of motion filed 2 May 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.