Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
George v Fletcher (Trustee) [2008] FCA 1848
PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision of Federal Magistrate – whether decision attended by sufficient doubt to warrant reconsideration – whether Federal Magistrates Court has exclusive jurisdiction under Bankruptcy Act 1966 (Cth) in this matter Held: leave to appeal refused – Federal Magistrate's decision not attended by sufficient doubt to warrant reconsideration – matter properly belongs in Federal Magistrates Court
Bankruptcy Act 1966 (Cth) s 5, s 27, s 31 Federal Court of Australia Act 1976 (Cth) s 24(1)(d)
Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Fencott v Muller (1983) 152 CLR 570 cited Fletcher & George (No 5) [2008] FMCA 1628 cited Goldberg v Morrow [2004] FCA 1490 Harrington v Rich [2008] FCAFC 61 cited House v R (1936) 55 CLR 499 cited Lomas v Winton Shire Council [2002] FCAFC 413 cited Meriton Apartments Pty Ltd v Industrial Court of New South Wales [2008] FCAFC 172 followed Philip Morris Inc v Adam P Brown Fashions Pty Ltd (1981) 148 CLR 457 cited Scott v Bagshaw (2000) 99 FCR 573 applied Telstra Corporation Ltd v AAPT Ltd [1997] 38 IPR 539 cited LAUREN KAY GEORGE v WILLIAM JOHN FLETCHER AS TRUSTEE OF THE BANKRUPT ESTATE OF LAUREN KAY GEORGE, DR PETER IRONSIDE PTY LTD, DR PETER IRONSIDE, NATIONAL AUSTRALIA BANK, SUSAN LEWIS (IRONSIDE) and RICHARD SIEBERT
QUD 400 of 2008
COLLIER J
5 DECEMBER 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 400 of 2008
BETWEEN: LAUREN KAY GEORGE
Applicant
AND: WILLIAM JOHN FLETCHER AS TRUSTEE OF THE BANKRUPT ESTATE OF LAUREN KAY GEORGE
First Respondent
DR PETER IRONSIDE PTY LTD
Second Respondent
DR PETER IRONSIDE
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