Moore v Wilson [2006] FCA 79

FEDERAL COURT OF AUSTRALIA

Moore v Wilson [2006] FCA 79 BANKRUPTCY – sequestration order made by Registrar – rehearing of petition by Federal Magistrate – whether valid service of bankruptcy notice – whether appellant was solvent PROCEDURAL FAIRNESS – where appellant self-represented – whether appellant given sufficient time to present evidence and submissions on review application – whether motion to adduce further evidence should have been allowed – whether cross-examination on affidavits should have been allowed – magistrate – ostensibly biased against applicant Federal Magistrates Act 1999 (Cth) Bankruptcy Regulations 1996 Federal Court of Australia Act 1976 (Cth) Evidence Act 1995 (Cth) Bankruptcy Act 1966 (Cth)

St George Bank Ltd v Helfenbaum [1999] FCA 1337 cited Re Ditfort; Ex parte Deputy Commissioner of Taxation (1988)19 FCR 347 referred to Martin v Commonwealth Bank of Australia (2001) 217 ALR 634 cited Meehan v Alfaro (1999) 93 FCR 201 cited Adelaide Bank Ltd v Badcock [2002] FMCA 10 cited Clancy v Robinson [2002] FMCA 47 cited Johnson v Johnson (2000) 201 CLR 488 referred to Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 referred to GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No.3) (1990) 20 NSWLR 15 cited Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [1998] NSWSC 293 referred to Browne v Dunn (1893) 6 R 67 referred to DAVID GERALD MOORE v WAYNE STEPHEN WILSON & GAYLE LAWTON SAD 170 of 2005 MANSFIELD J 10 FEBRUARY 2006 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 170 OF 2006

BETWEEN: DAVID GERALD MOORE

APPELLANT

AND: WAYNE STEPHEN WILSON

FIRST RESPONDENT

GAYLE LAWTON

SECOND RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 10 FEBRUARY 2006