Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hubner v ANZ Banking Group Ltd [2000] FCA 140
BANKRUPTCY - appeal against sequestration orders - entitlement of judge to make sequestration orders without a jury - the Court's discretion under s 30(3) Bankruptcy Act 1966 (Cth) - Schedule 2 to the Human Rights and Equal Opportunity Commission - whether or not a jury should be present to satisfy natural justice Bankruptcy Act 1966 (Cth) s 30(3) Bankruptcy Act 1924 (Cth) s 25(2) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) State and Territorial Laws and Records Recognition Act 1901 (Cth) s 19 Federal Court Rules O 29 r 2(a) Insolvency Act 1874 (Qld) s 23 Bankruptcy Act 1898 (NSW) s 134 Acts Repeal Act 1991 (Qld) s 2(1) and Sch 1 Hubner v Australia and New Zealand Banking Group Ltd (1999) 88 FCR 445; [1999] FCA 385 cited Re Coward; Stapleton v Brady [1952] QWN 15 (FCB) cited Re Allen (1905) 5 SR(NSW) 55 cited Taylor v Deputy Federal Commissioner of Taxation (1999) ATC 4,268 followed Minogue v Williams [2000] FCA 125 (Ryan, Merkel and Goldberg JJ; unreported, 17 February 2000) referred to Commissioner of Stamp Duties (NSW) v Owens [No 2] (1953) 88 CLR 168 referred to COLIN RICHARD HUBNER AND YVONNE HUBNER v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED Q 245 OF 1999 DRUMMOND, DOWSETT AND KATZ JJ 25 FEBRUARY 2000 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 245 OF 1999
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COLIN RICHARD HUBNER AND YVONNE HUBNER
APPELLANTS
AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED
RESPONDENT
JUDGES: DRUMMOND, DOWSETT AND KATZ JJ
DATE OF ORDER: 25 FEBRUARY 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs.
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