Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yap v Granich & Associates [2001] FCA 1735
BANKRUPTCY – application for leave to appeal from decision of primary judge to summarily dismiss application for annulment of sequestration order – where no new matter to set aside sequestration order following previous unsuccessful application for annulment
Federal Court of Australia Act 1976 (Cth) s 24(1A)
Carr v Finance Corp of Australia Ltd (No 1) (1981) 147 CLR 246 cited Weatherall v Satellite Receiving Systems (Australia) (1999) 30 ACSR 698, 17 ACLC 888 cited Wilson v Official Trustee in Bankruptcy [2000] FCA 304 cited Minogue v Williams [2000] FCA 125 cited Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied
IN THE MATTER OF YAP: YAP CHENG SEE v GRANICH & ASSOCIATES W 305 OF 2001 NORTH, MERKEL and GYLES JJ PERTH 29 NOVEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 305 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: YAP CHENG SEE
APPLICANT
AND: GRANICH & ASSOCIATES
RESPONDENT
JUDGE: NORTH, MERKEL and GYLES JJ
DATE OF ORDER: 29 NOVEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. Leave to appeal refused. 2. The applicant pay the costs of the respondent of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 305 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: YAP CHENG SEE
APPLICANT
AND: GRANICH & ASSOCIATES
RESPONDENT
JUDGE: NORTH, MERKEL and GYLES JJ
DATE: 29 NOVEMBER 2001
PLACE: PERTH
REASONS FOR JUDGMENT
NORTH J: 1 I agree with the reasons and orders proposed by Gyles J. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice North.
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