Commonwealth Bank of Australia v Rigg [2001] FCA 590

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Rigg [2001] FCA 590

BANKRUPTCY – application by judgment debtors for trial by jury – section 39 Federal Court of Australia Act 1976 – discretion of Court – some special reason must be shown in for departure from normal mode of trial – no reason shown in circumstances – factors in exercise of discretion considered Bankruptcy Act 1966 (Cth) s 30(3) Federal Court of Australia Act 1976 (Cth) ss 39, 40 McDermott v Collien (1953) 87 CLR 154 referred to Insurance Commissioner v Australian Associated Motor Insurers Ltd (No 2) (1983) 49 ALR 714 referred to Pavlomanolakos v National Australia Bank (unreported, 12 May 1992, Federal Court of Australia) referred to Australian Securities and Investments Commission v Matthews [1999] FCA 706 referred to Dinnison v Commonwealth of Australia [2000] FCA 1841 referred to All States Life Insurance v Australia New Zealand Banking Group Ltd (1996) 64 FCR 1 referred to Hubner v ANZ (2000) 101 FCR 71 referred to Re Coward Stapleton v Brady [1952] QWN 15 referred to Re Allen (1905) 5 SR (NSW) 55 referred to Commonwealth Bank of Australia v Heinrich [2000] FCA 1255 referred to COMMONWEALTH BANK OF AUSTRALIA v ANTHONY THOMAS RIGG AND DOROTHY ANNE RIGG NO. NG 7676 OF 2000 JUDGE: BEAUMONT J DATE: 27 APRIL 2001 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7676 OF 2000

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

APPLICANT

AND: ANTHONY THOMAS RIGG AND DOROTHY ANNE RIGG

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 27 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for trial with jury refused, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.