Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Official Trustee in Bankruptcy v Gargan [2009] FCA 352
PETER ALEXANDER GARGAN v OFFICIAL TRUSTEE IN BANKRUPTCY; OFFICIAL TRUSTEE IN BANKRUPTCY; PETER ALEXANDER GARGAN
NSD 932 of 2008
PERRAM J
25 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 932 of 2008
BETWEEN: PETER ALEXANDER GARGAN
Applicant
OFFICIAL TRUSTEE IN BANKRUPTCY
Cross-Claimant
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent
PETER ALEXANDER GARGAN
Cross-Respondent
JUDGE: PERRAM J
DATE OF ORDER: 25 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 932 of 2008
BETWEEN: PETER ALEXANDER GARGAN
Applicant
OFFICIAL TRUSTEE IN BANKRUPTCY
Cross-Claimant
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent
PETER ALEXANDER GARGAN
Cross-Respondent
JUDGE: PERRAM J
DATE: 25 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By a cross-claim filed 25 September 2008 the Official Trustee in Bankruptcy seeks orders under O 21 r 1 of the Federal Court Rules that the cross-respondent, who I shall refer to as Mr Gargan, not be permitted to institute new proceedings in this Court without leave and not be permitted to continue proceedings before this Court without leave. That application is returnable before me this morning. 2 On 20 February 2009 Mr Gargan filed a notice of motion setting out a number of prayers for relief, including one which seeks: A declaration that Section 79 Constitution, where the word judges us used, is a guarantee of jury trial, and it is a common law right and must be granted on request.
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