Wilson v Official Trustee in Bankruptcy [2000] FCA 304

FEDERAL COURT OF AUSTRALIA

Wilson v Official Trustee in Bankruptcy [2000] FCA 304

PROCEDURE – Leave to appeal – final or interlocutory judgment – principles governing leave to appeal – whether denial of natural justice by primary judge – evidence of witness not adequately adverted to before the primary judge – principles governing admission of fresh evidence – evidence of witness not "fresh evidence" – evidence of witness not highly likely to have produced opposite result.

Williams v Official Trustee in Bankruptcy (1994) 122 ALR 585cited Wilson v Commonwealth [1999] FCA 1308 cited Brouwer v Titan Corporation Ltd (1997) 73 FCR 241 cited Council of the City of Greater Wollongong v Cowan (1954) 93 CLR 435 cited CDJ v VAJ (1998) 157 ALR 686 considered ERNEST ARTHUR WILSON and PATRICIA LORRAINE WILLIAMS & ANOR v OFFICIAL TRUSTEE IN BANKRUPTCY & ANOR N 1256 of 1999 N 1257 of 1999 FINN, MARSHALL AND GOLDBERG JJ 20 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1256 of 1999

N 1257 of 1999

ON APPEAL FROM A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

IN THE MATTER OF Ernest Arthur Wilson and Patricia Lorraine Williams

BETWEEN: ERNEST ARTHUR WILSON,

PATRICIA LORRAINE WILLIAMS and

PATRICIA LORRAINE WILLIAMS (in her capacity as executrix of the will of ERNEST ARTHUR WILSON deceased)

Appellants

AND: OFFICIAL TRUSTEE IN BANKRUPTCY

First respondent

WELONA PTY LTD

Second respondent

JUDGE: FINN, MARSHALL AND GOLDBERG JJ

DATE OF ORDER: 20 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed. 2. The appellants/applicants pay the respondents' costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules