Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goldberg v Morrow [2005] FCA 1038 BANKRUPTCY – appeal – application to set aside bankruptcy notice refused by Federal Magistrate– whether copy of judgment attached to bankruptcy notice when served – whether any appeal pending– whether any counter-claim or set off exists. APPEAL – denial of natural justice – sufficiency of evidence – finality of costs order. Bankruptcy Act 1966 (Cth) ss 40(1)(g), 40(3)(b), 41(3)(b) Federal Court of Australia Act 1976 (Cth) s 25(1A) Supreme Court Act 1986 (Vic) s 3(5) Supreme Court (General Civil Procedure) Rules 1996 (Vic) r 24.01, O 66 Goldberg v Morrow [2004] FCA 1490;(2004) 83 ALD 251 referred to Re Briggs; Ex parte Briggs v Deputy Commissioner of Taxation (WA) (1986) 12 FCR 310 followed Abigroup Ltd v Abignano (1992) 39 FCR 74 referred to Re: Skinner's and Smith's Application (1982) 45 ALR 553 followed Re: Gibbs; Ex parte Triscott (1996) 65 FCR 80 followed Gibbs v Triscott [1996] FCA 895 referred to DAVID GOLDBERG v DAVID MORROW VID 845 of 2004 CRENNAN J 28 JULY 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 845 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT CONSTITUTED BY FEDERAL MAGISTRATE PHIPPS
BETWEEN: DAVID GOLDBERG
APPLICANT
AND: DAVID MORROW
RESPONDENT
JUDGE: CRENNAN J
DATE OF ORDER: 28 JULY 2005
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 VID 845 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT CONSTITUTED BY FEDERAL MAGISTRATE PHIPPS
BETWEEN: DAVID GOLDBERG
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate