Josephine Waldron v GR Finance Limited [2011] FCA 127

FEDERAL COURT OF AUSTRALIA

Josephine Waldron v GR Finance Limited [2011] FCA 127 Citation: Josephine Waldron v GR Finance Limited [2011] FCA 127

Appeal from: GR Finance Limited v Waldron (No 2) [2010] FMCA 168

Parties: JOSEPHINE CARMEL WALDRON v GR FINANCE LIMITED (ACN 093 549 305)

File number: NSD 322 of 2010

Judge: SIOPIS J

Date of judgment: 21 February 2011

Corrigendum: 23 February 2011

Catchwords: BANKRUPTCY – judgment was obtained against the debtor – the judgment was not satisfied – the judgment creditor commenced proceedings against valuers in relation to the loss caused to the judgment creditor by the judgment debtor's failure to meet the judgment debt – the judgment creditor received a settlement sum from the settlement of the proceeding against the valuers – the judgment creditor petitioned for the sequestration of the judgment debtor - whether the judgment debt was reduced by the extent of the settlement sum – whether the judgment creditor was seeking to obtain "double satisfaction" in respect of the loss.

Legislation: Bankruptcy Act 1966 (Cth) s 52(2)(b)

Cases cited: Baxter v Obacelo Pty Ltd (2001) 205 CLR 635 B O Morris Ltd v Perrott and Bolton [1945] 1 All ER 567

Date of hearing: 8 November 2010

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 36

Counsel for the Appellant: Ms K Balendra

Solicitor for the Appellant: Bowles Lawyers

Counsel for the Respondent: The Respondent did not appear.

FEDERAL COURT OF AUSTRALIA

Josephine Waldron v GR Finance Limited [2011] FCA 127 CORRIGENDUM 1. In paragraph 33 of the Reasons for Judgment, the second line should read: "Federal Magistrate's finding that in bringing the petition, GR Finance was not acting for a". I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Siopis.