McKinnon v Commonwealth Bank of Australia [2005] FCA 576

FEDERAL COURT OF AUSTRALIA

McKinnon v Commonwealth Bank of Australia [2005] FCA 576 BANKRUPTCY – bankruptcy notice – whether should be set aside – undertaking given to High Court not to execute judgment until application for special leave to appeal determined – whether High Court determined application – whether judgment of High Court can be treated as null and void – composition of High Court for hearing of application for special leave – whether bankruptcy notice became null and void by service of it on two judgment debtors named in it on separate occasions or by filing of creditor's petition against one debtor – whether solvency of debtors relevant to validity of bankruptcy notice – whether judgment creditor obliged to show that it had exhausted all its securities – whether Court should go behind judgment on which bankruptcy notice based COURTS AND JUDGES – High Court of Australia – composition for hearing application for special leave to appeal – whether judgment of High Court can be treated as null and void because of presence of justice alleged to hold shares in respondent COSTS – appeal – whether successful respondent should have order for all its costs – failure of respondent to serve its written submissions on appellants – adjournment of hearing of appeal – respondent filing additional, unnecessary appeal book Crimes Act 1914 (Cth) s 34(1)(b) Judiciary Act 1903 (Cth) ss 19, 21(1), 21(2) Bankruptcy Act 1966 (Cth) s 109

McKinnon v Commonwealth Bank (No 2) [2004] FMCA 209 affirmed Warramunda Village Inc v Pryde [2002] FCA 250 (2002) 116 FCR 58 cited JEANETTE BEVERLY DAWN McKINNON AND DONALD NIEL McKINNON v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) V 481 of 2004 GRAY J 7 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 481 of 2004