Wilson v Official Trustee in Bankruptcy [1999] FCA 1483

FEDERAL COURT OF AUSTRALIA

Wilson v Official Trustee in Bankruptcy [1999] FCA 1483

PRACTICE & PROCEDURE – application to re-open trial – abuse of process. Williams v Official Trustee in Bankruptcy (1994) 122 ALR 585, considered

ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS V THE OFFICIAL TRUSTEE IN BANKRUPTCY AND WELONA PTY LIMITED NG 7052 OF 1996 NG 7053 OF 1996 JUDGE: BEAUMONT J. DATE: 14 OCTOBER 1999 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7052 OF 1996

NG 7053 OF 1996

BETWEEN: ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS

Applicants

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY

First Respondent

WELONA PTY LIMITED

Second Respondent

JUDGE: BEAUMONT J.

DATE OF ORDER: 14 OCTOBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The notice of motion be dismissed, with 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 NG 7052 OF 1996

NG 7053 OF 1996

BETWEEN: ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS

Applicants

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY

First Respondent

WELONA PTY LIMITED

Second Respondent

JUDGE: BEAUMONT J.

DATE: 14 OCTOBER 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT

BEAUMONT J:

1 Before the Court is a notice of motion in two matters which are identical in terms and in substance. In each case, the applicants, who are unrepresented litigants, seek to set aside a judgment of Sweeney J given in December 1992 from which an appeal was dismissed in 1994 (see Williams v Official Trustee in Bankruptcy (1994) 122 ALR 585).