Love, Paul James v Pattison, Paul (as Trustee of the Bankrupt Estate of Paul James Love) & Anor [1998] FCA 967

federaL COURT OF AUSTRALIA BANKRUPTCY – sequestration order – appeal - appellant unrepresented at trial – whether right to representation – whether appellant had cause of action against respondent for damages greater than the amount of the judgment debt – finding of fact by trial judge concerning service of bankruptcy notice – when finding of fact should be overturned on appeal Bankruptcy Act 1966 (Cth) s 52(2)

Brunskill v Sovereign Marine and General Insurance Co Pty Ltd (1985) 59 ALJR 842 mentioned Devries v Australian National Railways Commission (1993) 177 CLR 472 followed Ling v Enrobrook Pty Ltd (1997) 74 FCR 19 mentioned Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 mentioned PAUL JAMES LOVE v PAUL PATTISON (AS TRUSTEE OF THE BANKRUPT ESTATE OF PAUL JAMES LOVE) and PYRAMID BUILDING SOCIETY (IN LIQUIDATION) VG 395 of 1997 BRANSON, SACKVILLE & FINKELSTEIN JJ MELBOURNE 24 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 395 of 1997

BETWEEN: PAUL JAMES LOVE

Appellant

AND: PAUL PATTISON (As Trustee of the Bankrupt Estate of Paul James Love) and

Pyramid Building Society (in liquidation)

Respondents

JUDGES: BRANSON, SACKVILLE & FINKELSTEIN JJ

DATE OF ORDER: 24 JULY 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 395 of 1997

BETWEEN: PAUL JAMES LOVE

Appellant

AND: PAUL PATTISON (As Trustee of the Bankrupt Estate of PAUL JAMES LOVE) and

Pyramid Building Society (in liquidation)

Respondents

JUDGES: BRANSON, SACKVILLE & FINKELSTEIN JJ

DATE: 24 JULY 1998