Rambaldi v Woodward [2013] FCA 89

FEDERAL COURT OF AUSTRALIA

Rambaldi v Woodward [2013] FCA 89 Citation: Rambaldi v Woodward [2013] FCA 89

Appeal from: Application for Leave to Appeal: [2012] FCA 1087

Parties: GESS MICHAEL RAMBALDI AND ANDREW REGINALD YEO AS TRUSTEES OF THE PROPERTY OF JOHN EDWARD ATKINSON, A BANKRUPT v KIM CHERIE WOODWARD

File number: VID 28 of 2013

Judge: JESSUP J

Date of judgment: 8 February 2013

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – applicant unsuccessful in application to amend originating application to include new claim under Bankruptcy Act 1966 (Cth) – whether sufficient doubt as to correctness of judgment below to warrant attention of Full Court – whether primary Judge erred in placing emphasis on case management issues – whether primary Judge erred in accepting that amendment to originating application would widen issues in dispute and require additional preparation from respondent – whether primary Judge erred in placing emphasis on position of respondent as self-represented litigant – whether primary Judge erred in failing to consider potential effect of Anshun estoppel – whether injustice would arise if leave to appeal not granted

Legislation: Bankruptcy Act (1966) (Cth) ss120, 121, 139EA

Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris (1981) 148 CLR 170 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Décor Corporation Pty Ltd v Dart Industries Incorporated (1991) 33 FCR 397

Date of hearing: 8 February 2013

Place: Melbourne

Division: GENERAL DIVISION