Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Richardson v Leonard Cohen & Co [2008] FCA 1392
BANKRUPTCY – creditor petition founded on money Judgment entered by District Court – default judgment – appellant deliberately frustrated respondent's efforts to obtain discovery – further default before Court of Appeal – continuing disregard by appellant of its procedural obligations over considerable period of time – discretion to accept, or not, judgment debt as prima facie evidence of antecedent debt – preliminary investigation of merits of challenge to judgment debt – whether substantial reasons demonstrated for questioning whether behind the judgment there was in truth a debt owed to the petitioner – pleaded defence by appellant in suit for debt not supported by admissible evidence and contradicted by other evidence – evidence supported conclusion that allegations in defence were not genuinely made – conduct of appellant giving rise to procedural default relevant to whether pleaded defence was genuine – discretion of primary judge did not miscarry – appeal dismissed. Bankruptcy Act 1966 (Cth)ss 44(1), 52(1)
Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137 cited Camila Pty Ltd v Actus Australia Pty Ltd (1994) 16 ATPR 41-367referred to Corney v Brien (1951) 84 CLR 343 cited Joosse v Deputy Commissioner of Taxation (2004) 137 FCR 576 cited Leonard Cohen & Co v Richardson [2005] WADC 172referred to Payne v Parker [1976] 1 NSWLR 191 cited Richardson v Leonard Cohen & Co (a firm) [2006] WASCA 64referred to Richardson v Leonard Cohen & Co [2007] WADC 128 referred to Richardson v Leonard Cohen & Co (a firm) [No 2] [2007] WASCA 205 referred to Richardson v Leonard Cohen & Co [2007] FMCA 78referred to Richardson v Leonard Cohen & Co (a firm) [2008] WASCA 101 referred to Scammell & Nephew Ltd v Ouston [1941] AC 251 cited Upper Hunter District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 cited Wren v Mahony (1971) 126 CLR 212 cited Wolff v Donovan (1991) 29 FCR 480 referred to PHILLIP RICHARDSON v LEONARD COHEN & CO
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