Williams v JMD Electrics Pty Ltd [2003] FCA 1132

FEDERAL COURT OF AUSTRALIA

Williams v JMD Electrics Pty Ltd [2003] FCA 1132 Federal Court of Australia Act 1976 (Cth) s 25(1A) Trade Practices Act 1974 (Cth) ss 51AA and 52 Bankruptcy Act 1966 (Cth) s 43 Bankruptcy Regulations 1966 (Cth) Harris v Caladine (1991) 172 CLR 84, applied WILLIAM ROBERT WILLIAMS v JMD ELECTRICS PTY LTD V 115 OF 2003 MARSHALL J 16 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V115 OF 2003

BETWEEN: WILLIAM ROBERT WILLIAMS

APPELLANT

AND: JMD ELECTRICS PTY LTD

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 16 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V115 OF 2003

BETWEEN: WILLIAM ROBERT WILLIAMS

APPELLANT

AND: JMD ELECTRICS PTY LTD

RESPONDENT

JUDGE: MARSHALL J

DATE: 16 OCTOBER 2003

PLACE: MELBOURNE

REASONS FOR JUDGMENT

1 This matter is an appeal from a judgment of a Federal Magistrate in which her Honour dismissed a review application by the appellant concerning a sequestration order made by a Registrar. The appeal also concerns her Honour's dismissal of an application, made orally to her at the review hearing, to annul the sequestration order. It was heard by a single judge as a consequence of a determination made by the Chief Justice under s 25(1A) of the Federal Court of Australia Act 1976 (Cth). 2 The original notice of appeal contains three grounds. They are as follows: "1. Her Honour, Hartnett FM, declared that the Applicant has no cause of action. This is clearly incorrect.