Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rigg v The Commonwealth Bank of Australia [2001] FCA 1584
BANKRUPTCY – petition founded on non-compliance with bankruptcy notice – judgment for substantial sum obtained in Supreme Court of New South Wales after lengthy hearing – appeal to Court of Appeal dismissed – High Court of Australia dismissed application for special leave to appeal – long history of litigation between debtors and respondent bank – debtors alleged respondent petitioner obtained judgment by fraud, including failure to give proper discovery of documents – debtors sought adjournment of petition to obtain wide-ranging discovery of documents – whether primary judge erred in refusing to order discovery and to grant an adjournment for that purpose.
Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 referred to
W.A. Pines Pty Ltd v Bannerman (1980) 30 ALR 559 followed
Melbourne Home of Ford Pty Ltd v Trade Practices Commission (1979) 36 FLR 450 followed
ANTHONY THOMAS RIGG and DOROTHY ANNE RIGG v THE COMMONWEALTH BANK OF AUSTRALIA
N 1102 of 2001
CARR, CONTI & STONE JJ 9 NOVEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1102 OF 2001
IN THE MATTER OF ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
BETWEEN: ANTHONY THOMAS RIGG and DOROTHY ANNE RIGG
Appellants
AND: THE COMMONWEALTH BANK OF AUSTRALIA
Respondent
JUDGES: CARR, CONTI & STONE JJ
DATE OF ORDER: 9 NOVEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the respondent's 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 N 1102 OF 2001
IN THE MATTER OF ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
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