Gargan, Peter Alexander v The Official Trustee in Bankruptcy & Ors [1997] FCA 237

CATCHWORDS NOTICE OF MOTION - incompetency of appeal - whether non-parties to original proceedings may be made parties to the appeal - collateral attack on decision of the court - whether proceedings are vexatious COSTS - awarded on solicitor-client basis Federal Court Rules O 52 rr 14, 18 Giannarelli v Wraith (1988) 165 CLR 543 Stergiou v McGrail, (unreported, Federal Court, Burchett, Ryan and Gummow JJ, 22 April 1994) Cameron [1996] 2 QdR 218 PETER ALEXANDER GARGAN v THE OFFICIAL TRUSTEE IN BANKRUPTCY & ORS No QG 181 of 1996 SPENDER J BRISBANE 24 MARCH 1997

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY No QG 181 of 1996 GENERAL DIVISION BETWEEN: PETER ALEXANDER GARGAN Appellant AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY First Respondent AND: JOHN ERNEST GARGAN Second Respondent AND: BARRY MICHAEL JOHNSON Third Respondent AND: CHARLES ANTHONY MARINO Fourth Respondent AND: WAYNE COCHRANE Fifth Respondent AND SAM INDUSTRIES PTY LTD Sixth Respondent AND ABDUL AZIZ MOHAMMED Seventh Respondent AND: FRANCIS JAMES TOY Ninth Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 24 MARCH 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal (so far as it relates to the second, third and ninth respondents) is dismissed. 2. The applicant pay the costs of the second, third and ninth respondents on a solicitor-client basis, to be taxed if not agreed. 3. If leave be necessary, leave to appeal from the order that the appeal so far as it relates to the second, third and ninth respondents is dismissed, be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.