Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gould v Day [2000] FCA 1673
BANKRUPTCY – appeal against sequestration order – trial judge granting adjournment to enable debtor to pay debt – whether apparent bias – various matters relied on by debtor as grounds for discretion under s 52(2)(b) of Bankruptcy Act 1966 (Cth) – whether considered by trial judge
Bankruptcy Act 1966 (Cth) s 52(2)(b) Johnson v Johnson (2000) 174 ALR 655 applied STEPHEN GOULD v JULIAN DAY AND ALAN MANLY N 978 OF 2000 HEEREY, MOORE AND GOLDBERG JJ 24 NOVEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 978 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: STEPHEN GOULD
APPELLANT
AND: JULIAN DAY
FIRST RESPONDENT
ALAN MANLY
SECOND RESPONDENT
JUDGES: HEEREY, MOORE AND GOLDBERG JJ
DATE OF ORDER: 24 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The appeal is dismissed. 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 978 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: STEPHEN GOULD
APPELLANT
AND: JULIAN DAY
FIRST RESPONDENT
ALAN MANLY
SECOND RESPONDENT
JUDGES: HEEREY, MOORE AND GOLDBERG JJ
DATE: 24 NOVEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT: 1 The appellant Mr Stephen Gould appeals from an order for the sequestration of his estate made on 7 September 2000. The relevant act of bankruptcy was non-compliance with a bankruptcy notice founded on an order in the District Court of New South Wales for payment of $37,715.94 and interest thereon of $6,799.22. The ground of appeal principally relied on by Mr Gould is an allegation of apparent bias. 2 There is a background of extensive and acrimonious litigation between Mr Gould and the respondent petitioning creditors Mr Julian Day and Mr Alan Manly. Before us and before the learned primary judge neither side was legally represented.
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