Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wallin v Pascoe [2002] FCA 1240
GRAHAM WALLIN v SCOTT DARREN PASCOE N7208 OF 2002
STONE J 30 SEPTEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7208 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: GRAHAM WALLIN
APPELLANT
AND: SCOTT DARREN PASCOE
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 30 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Costs in the matter be costs in the administration. 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 7208 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: GRAHAM WALLIN
APPELLANT
AND: SCOTT DARREN PASCOE
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 30 SEPTEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 25 September 2001, Raphael FM made a sequestration orders against the appellant, Mr Graham Wallin, and his wife, Mrs Paula Wallin. Gyles J dismissed appeals from these orders on 8 April 2002. The respondent, Mr Pascoe, was appointed trustee of the bankrupt estates. On 17 June 2002, Raphael FM ordered Mr Wallin to vacate the property known as 29 Frederick Street, Dudley ("the property") where he lived alone. Apparently Mrs Wallin lived separately from Mr Wallin. It is not in contention that Mr Wallin vacated the property in accordance with the Raphael FM's order. He has, however, brought this appeal against the learned magistrate's order. The amended notice of appeal also refers to a judgment of Raphael FM delivered on 28 June 2002. This appears to be an erroneous reference to a judgment delivered in respect of proceedings brought by Mrs Wallin to which Mr Wallin was not a party. 2 The grounds of appeal and the orders sought as set out in the amended notice of appeal filed on 23 September 2002 are as follows: "GROUNDS (i) Failure to take into account a relevant consideration, (ii) His Honour was mistaken as to the facts, (iii) Insufficient evidence with which to decide. ORDERS SOUGHT 1. A stay of the Orders in the Federal Magistrates Court matter of SZ-309 of 2002, given on 17 June 2002, and Sequestration Orders given on 25 September 2001. 2. Leave / Permission of the Court to continue the New South Wales Supreme Court Equity Division File Number: 3692 of 2001 Matter 3. Order for dismissal of trustee and appointment of another Trustee. 4. Any other appropriate Orders."
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