Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilson v Commonwealth of Australia [1999] FCA 1308
BANKRUPTCY – whether a litigant can agitate an issue previously determined by a court Bankruptcy Act 1966 ss 178 and 179 Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 referred to Walton v Gardiner (1992-1993) 177 CLR 378 cited Rogers v The Queen (1994) 181 CLR 251 cited Hunter v Chief Constable [1982] AC 529 applied Stephenson v Garnett [1898] 1 QB 677 applied Reichel v Magrath (1889) 14 App Cas 665 applied Giannarelli v Wraith (1988) 165 CLR 543 referred to Williams v Official Trustee in Bankruptcy (1994) 122 ALR 585 discussed Williams v The Official Receiver and Wenona Pty Ltd (unreported, Federal Court, 10 December 1992)
ERNEST ARTHUR WILSON & PATRICIA LORRAINE WILLIAMS v COMMONWEALTH OF AUSTRALIA & ANOR N 261 OF 1999 BURCHETT, WEINBERG & HELY JJ 21 SEPTEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 261 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS
Appellants
AND: THE COMMONWEALTH OF AUSTRALIA
First Respondent
OFFICIAL TRUSTEE IN BANKRUPTCY
Second Respondent
JUDGE: BURCHETT, WEINBERG & HELY JJ
DATE OF ORDER: 21 SEPTEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave to appeal be refused. 2. The appellants pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 261 OF 1999
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS
Appellants
AND: THE COMMONWEALTH OF AUSTRALIA
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