Lahood v Bank of Western Australia (No. 2) [2013] FCA 150

FEDERAL COURT OF AUSTRALIA

Lahood v Bank of Western Australia (No 2) [2013] FCA 150 Citation: Lahood v Bank of Western Australia (No 2) [2013] FCA 150

Appeal from: Federal Magistrates Court of Australia

Parties: DAVID LAHOOD v BANK OF WESTERN AUSTRALIA ABN 22 050 494 454

File number: NSD 317 of 2013

Judge: PERRAM J

Date of judgment: 27 February 2013

Catchwords: PRACTICE AND PROCEDURE – Interlocutory applications – Requirement of material change in circumstances – Whether new material or evidence available which was not available at the time – Whether permissible to make a fresh application

Legislation: Bankruptcy Act 1966 (Cth) s 52(3) Federal Court Rules 2011 (Cth) r 36.08(2)

Cases cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 cited

Date of hearing: 27 February 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

Counsel for the Appellant: Mr D Lahood

Counsel for the Respondent: Mr A Begg

Solicitor for the Respondent: Angus Begg Solicitors

Counsel for the Third Party Mr M Tierney

Solicitor for the Third Party Bartier Perry

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 317 of 2013

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: DAVID LAHOOD

Appellant

AND: BANK OF WESTERN AUSTRALIA ABN 22 050 494 454

Respondent

JUDGE: PERRAM J DATE OF ORDER: 27 FEBRUARY 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. Costs be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.