Australia & New Zealand Banking Group Ltd v Hubner [1999] FCA 1345

FEDERAL COURT OF AUSTRALIA

Australia & New Zealand Banking Group Ltd v Hubner [1999] FCA 1345 PRACTICE AND PROCEDURE – dismissal of application seeking rescission of orders of single judge and Full Court of Federal Court of Australia, pursuant to s 37(1) Bankruptcy Act 1966 – application of s 37(1) Bankruptcy Act limited to orders made under Bankruptcy Act – no power in Court to rescind orders of Full Court, as orders made pursuant to s 28 Federal Court of Australia Act 1976 – refusal by Court as a matter of discretion to rescind orders of single judge where orders of single judge upheld on appeal by Full Court. PRACTICE AND PROCEDURE – application for adjournment of proceedings in Federal Court of Australia pending determination of notice of motion filed in High Court of Australia, seeking transfer of part of proceedings in Federal Court of Australia to High Court of Australia, pursuant to s 40(1) Judiciary Act – where s 78B(1) Judiciary Act 1903 the basis for application for stay – whether proceedings in Federal Court involve "a matter arising under the Constitution or involving its interpretation". COSTS – whether unappealed interlocutory orders for costs remain valid independently of the correctness of an earlier judgment delivered in default of pleading. BANKRUPTCY – grant of leave to amend creditor's petition so as to remove multiple acts of bankruptcy. Bankruptcy Act 1966 s 37(1) Judiciary Act 1903 s40(1), s78B(1) Mahon v Air New Zealand [1984] 1 AC 808 distinguished Orr v Ford (1989) 167 CLR 316 distinguished AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) v COLIN RICHARD HUBNER & ANOR QG 7483 OF 1998

COLIN RICHARD HUBNER v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) QG 143 OF 1998

YVONNE HUBNER v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) Q 8 OF 1999 SPENDER J 20 SEPTEMBER 1999 BRISBANE