Papas v Westpac Banking Corporation [2014] FCA 290

FEDERAL COURT OF AUSTRALIA

Papas v Westpac Banking Corporation [2014] FCA 290 Citation: Papas v Westpac Banking Corporation [2014] FCA 290

Appeal from: Commonwealth Bank of Australia & Anor v Papas [2013] FCCA 1261

Parties: JOHN PAPAS v WESTPAC BANKING CORPORATION ABN 33 007 457 141

File number: QUD 556 of 2013

Judge: RANGIAH J

Date of judgment: 28 March 2014

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from decision of primary judge to grant a sequestration order against the estate of the appellant – original petitioning creditor obtained compromise with appellant – respondent applied to be substituted as petitioning creditor – where proceedings pending in Supreme Court of Queensland in relation to outstanding debt – whether appellant established sufficient evidentiary basis for a defence of estoppel – whether genuine dispute in relation to debt PRACTICE AND PROCEDURE – primary judge refused to grant adjournment to enable appellant to obtain legal representation – where appellant objected to hearing of sequestration application without it having been set down for hearing – whether leave to appeal required from interlocutory decision to refuse adjournment – whether appellant denied procedural fairness – where appellant failed to adduce evidence on appeal demonstrating a genuine dispute in relation to the debt – whether a substantial wrong or miscarriage of justice need be demonstrated to enable a new trial to be ordered

Legislation: Bankruptcy Act 1966 s. 52(2)(b) Federal Court of Australia Act 1976 (Cth) ss 27, 28(1A) and 24(1E) Federal Court Rules 2011 (Cth) r 36.24