Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moran v Lydiard Financial Services Pty Ltd [2006] FCA 631 Bankruptcy Act 1966 (Cth) s 40(1)(g) Moran v Lydiard Financial Services Pty Ltd [2005] FMCA 1821 referred to Bhagat v Global Custodians Ltd [2002] FCA 223 cited Ebert v Union Trustee Co of Australia Ltd (1960) 104 CLR 346 cited Re Wakim; Ex parte McNally (1999) 198 CLR 511 cited Ex parte Matthew; Re Matthew (1884) 12 QBD 506 distinguished Re Debtor [1908] 1 KB 344 distinguished Moran v Lydiard Financial Services Pty Ltd [2004] HCATrans 562 PP McQuade and MGR Gronow, McDonald, Henry and Meek: Bankruptcy Law and Practice (5th edn, 1996) JOHN GERARD MORAN v LYDIARD FINANCIAL SERVICES PTY LTD VID 1508 OF 2005 SUNDBERG J 26 MAY 2006 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1508 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: JOHN GERARD MORAN
Appellant
AND: LYDIARD FINANCIAL SERVICES PTY LTD (ACN 005 932 276)
Respondent
JUDGE: SUNDBERG J
DATE OF ORDER: 26 MAY 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. 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 1508 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: JOHN GERARD MORAN
Appellant
AND: LYDIARD FINANCIAL SERVICES PTY LTD (ACN 005 932 276)
Respondent
JUDGE: SUNDBERG J
DATE: 26 MAY 2006
PLACE: MELBOURNE
REASONS FOR JUDGMENT
background 1 This is an appeal from a judgment of the Federal Magistrates Court (Phipps FM): Moran v Lydiard Financial Services Pty Ltd [2005] FMCA 1821. In hearing and determining the appeal, I am exercising the powers of the Full Court pursuant to a determination by the Chief Justice under s 25(1A) of the Federal Court of Australia Act 1976 (Cth). 2 Phipps FM dismissed the appellant's application to set aside a bankruptcy notice served on him by the respondent. Before the Magistrate, the appellant put forward three bases for the setting aside of the notice.
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