Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Macks [2014] FCA 1259 Citation: Garrett v Macks [2014] FCA 1259
Parties: ANDREW MORTON GARRETT v PETER IVAN MACKS
File number: VID 304 of 2014
Judge: TRACEY J
Date of judgment: 21 November 2014
Catchwords: BANKRUPTCY – application for summary judgment – where existing settlement agreement contained release clause which unconditionally released both parties from further litigation in relation to the administration of the estate – whether reasonable prospects of successfully prosecuting proceeding – whether proceeding is frivolous, vexatious or an abuse of process
Legislation: Federal Court of Australia Act 1976 (Cth) – s 31A Federal Court Rules 2011 – r 26.01
Cases cited: Cirillo v Citicorp [2001] SASC 349 – cited McDermott v Black (1940) 63 CLR 161 – considered Rucinski v Monash University [2012] FCA 362 – cited Spencer v The Commonwealth (2010) 241 CLR 118 – considered State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 – cited
Date of hearing: 21 November 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr P Zappia
Solicitor for the Respondent: DLA Piper Australia
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 304 of 2014
BETWEEN: ANDREW MORTON GARRETT
Applicant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate