Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hudson v Whalan [1999] FCA 189 BANKRUPTCY – annulment of sequestration order - Bankruptcy Act (Cth) 1966, s 153B – whether facts arising after the making of a sequestration order can be considered in determining whether a sequestration order "ought not to have been made".
PRACTICE AND PROCEDURE - apprehended bias – Judge who made sequestration order had previously sat on a Full Court which had dismissed an appeal from an order refusing to set aside the bankruptcy notice – whether Judge disqualified.
WORDS AND PHRASES – "ought not to have been made". Bankruptcy Act (Cth) 1966, ss 19AA, 40(1), 52(2), 82, 153(1), 153B, 306(1).
Re Frank; Ex parte Piliszky (1987) 16 FCR 396, followed. Re Gollan; Ex patre Gollan (1992) 40 FCR 38, cited. Re Ginnane; Ex parte Ginnane (1994) 60 FCR 429, cited. Re Raymond; Ex parte Raymond (1992) 36 FCR 424, cited. Webb v The Queen (1994) 181 CLR 41, followed. Mobil Oil Australia Ltd v Wellcome International Pty Ltd (1998) 81 FCR 475, cited. Livesey v New South Wales Bar Association (1983) 151 CLR 288, cited. Gascor v Ellicott [1997] 1 VR 332, cited. Thomas Borthwick & Sons (Pacific Holdings Ltd) v Trade Practices Commission (1988) 18 FCR 424, cited.
Morton v Vouris (unreported, Federal Court of Australia, Sackville J, 23 April 1998), cited.
ROBERT HUDSON JNR V STEPHEN WILLIAM MICHAEL WHALAN & THOMAS JAMES DONALD NG 931 OF 1998 SACKVILLE, NORTH & HELY JJ
SYDNEY 3 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 931 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROBERT HUDSON JNR
Appellant
AND: STEPHEN WILLIAM MICHAEL WHALAN
First Respondent
THOMAS JAMES DONALD
Second Respondent
JUDGE: SACKVILLE, NORTH & HELY JJ
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