Murdaca v Accounts Control Management Services Pty Ltd [2007] FCA 577

FEDERAL COURT OF AUSTRALIA

Murdaca v Accounts Control Management Services Pty Ltd [2007] FCA 577 PROCEDURE – application to file new evidence on appeal – litigant unrepresented before Federal Magistrate – evidence could have been led at trial and would not have affected decision BANKRUPTCY APPEALS – creditor relies on judgment debt – court must be satisfied as to validity of judgment debt – refusal of Federal Magistrate to go behind debt – assignment of debt – plea of assignment of debt not traversed in Local Court proceedings – no evidence of assignment of debt in Supreme Court proceedings – no adverse inference from lack of evidence in Supreme Court – validity of assignment not challenged before Federal Magistrate – no obligation on Federal Magistrate to reconsider settled issue BANKRUPTCY – solvency of debtor – existence of instalment order raises only rebuttable presumption of solvency – failure to pay instalments when due rebuts presumption Bankruptcy Act 1966 (Cth) ss 51, 52 Federal Court of Australia Act 1976 (Cth) ss 25(1A),27 Civil Procedure Act 2005 (NSW) ss 3, 43(2) Conveyancing Act 1919 (NSW) s 12 Local Courts Act 1982 (NSW) s 4 Uniform Civil Procedure Rules 2005 (NSW) r 37.7 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424, cited Cain v Whyte (1933) 48 CLR 639, cited Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194, cited Commonwealth Bank of Australia v Jeans [2005] FCA 978, cited Corney v Brien (1951) 84 CLR 343, cited Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435, cited Guss v Johnstone [2000] FCA 1455, cited Freeman v National Australia Bank Limited [2003] FCAFC 200, cited Murdaca v Accounts Control Management Services Pty Ltd [2006] NSWSC 68, considered Simon v Vincent J. O'Gorman Pty Ltd (1979) 41 FLR 95, cited Totev v Sfar (2006) 230 ALR 236, cited Udovenko v Mitchell (1997) 79 FCR 418, cited Wren v Mahony (1972) 126 CLR 212, cited ANTHONY MURDACA v ACCOUNTS CONTROL MANAGEMENT SERVICES PTY LTD NSD 2268 OF 2006