Bride, Edward James & Anor v KMG Hungerfords (A Firm) [1998] FCA 412

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - appeal against sequestration order made on creditor's petition - judgment debt - substantial costs order arising out of Supreme Court litigation - allegations of fraud and collusion - contested hearing in Supreme Court - appeal to Full Court dismissed - special leave application to High Court dismissed - whether basis for going behind judgment BANKRUPTCY - bankruptcy notice amended at time of issue to describe debtors as trustees of a specified family trust - debtors so described in the judgment debt - similar description inserted in petition - trial judge did not, in his reasons or initial minute of proposed sequestration order, propose that debtors be similarly described in that order - formal order as extracted referred to the estate of the debtors as trustees of the specified family trust - no issue raised before judge or by appellants on appeal about validity of bankruptcy notice - matter raised by Court hearing appeal - whether bankruptcy notice capable of misleading the debtors. Re King; Ex parte The Commercial Bank of Australia Ltd [1920] VLR 490 approved National Trustees Executors and Agency Company of Australasia Limited v Barnes (1941) 64 CLR 268 referred to Australian Workers' Union v Bowen (1946) 72 CLR 575 referred to Corney v Brien (1951) 84 CLR 343 referred to James v Federal Commissioner of Taxation (1955) 93 CLR 631 followed Re Wimborne (1979) 24 ALR 494 referred to J W Broomhead (Inc) Pty Ltd v J W Broomhead Pty Ltd [1985] VR 891 referred to Commissioner of Australian Federal Police v Cornwell (1990) 98 ALR 677 referred to Ling v Enrobrook Pty Ltd (1997) 143 ALR 396 referred to EDWARD JAMES BRIDE and WENDY MARGARET BRIDE v KMG HUNGERFORDS (A FIRM) No. WAG 149 of 1997 CARR, BRANSON & R D NICHOLSON JJ PERTH 23 APRIL 1998