Bourke v Westpac Banking Corporation [2012] FCA 528

FEDERAL COURT OF AUSTRALIA

Bourke v Westpac Banking Corporation [2012] FCA 528 Citation: Bourke v Westpac Banking Corporation [2012] FCA 528

Appeal from: Westpac Banking Corporation v Bourke [2011] FMCA 1032

Parties: MICHAEL VINCENT BOURKE v WESTPAC BANKING CORPORATION

File number: NSD 21 of 2012

Judge: MARSHALL J

Date of judgment: 21 May 2012

Catchwords: BANKRUPTCY– application for adjournment – appeal dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) – want of appearance by appellant – material insufficient to justify adjournment

Legislation: Federal Court of Australia Act 1976 s 25(2B)(bb)(ii)

Cases cited: Westpac Banking Corporation v Bourke [2011] FMCA 1032

Date of hearing: 21 May 2012

Date of last submissions: 21 May 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 10

Counsel for the Appellant: The Appellant did not appear

Counsel for the Respondent: Mr B Koch

Solicitor for the Respondent: Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 21 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MICHAEL VINCENT BOURKE

Appellant

AND: WESTPAC BANKING CORPORATION

Respondent

JUDGE: MARSHALL J DATE OF ORDER: 21 MAY 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the appeal is dismissed. 2. Costs of the appeal are to be met by Mr Bourke's bankrupt estate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.