Shaw v The Official Trustee in Bankruptcy Vic 1697/14/1 of Australian Financial Security Authority [2020] FCAFC 136

Federal Court of Australia

Shaw v The Official Trustee in Bankruptcy Vic 1697/14/1 of Australian Financial Security Authority [2020] FCAFC 136 Appeal from: Shaw v The Official Trustee in Bankruptcy Vic 1697/14/1 of Australian Financial Security Authority (No 2) [2019] FCA 1574

File number(s): VID 1043 of 2019

Judgment of: O'CALLAGHAN, ANASTASSIOU AND ANDERSON JJ

Date of judgment: 4 August 2020

Date of publication of reasons: 19 August 2020

Catchwords: PRACTICE AND PROCEDURE – where primary judge set aside three subpoenas to respondents – where appellant claimed among other things that reasons for setting aside were inadequate, that primary judge failed to take into account relevant considerations and that he had been denied procedural fairness – where proceeding is latest episode in long-running litigation – where subpoenas directed to advancing appellant's contention that Court ought go behind certain costs orders because it was said that certain parties were not owed any of the costs to which those orders pertained PRACTICE AND PROCEDURE – where primary judge's decision is not attended with sufficient doubt to warrant its reconsideration on appeal – no error of the kind required by House v The King (1936) 55 CLR 499 demonstrated – no sufficient doubt as to the correctness of the primary judge's orders – no substantial injustice if leave to appeal refused – application for leave to appeal from the orders of the primary judge dismissed with costs

Legislation: Bankruptcy Act 1966 (Cth), ss 104(1) and 102(1) Federal Court of Australia Act 1976 (Cth), s 37M(3) Federal Court Rules 2011 (Cth), r 24.15