Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Duncan [2014] FCA 1260 Citation: Garrett v Duncan [2014] FCA 1260
Parties: ANDREW MORTON GARRETT v STEPHEN JAMES DUNCAN
File number: VID 425 of 2014
Judge: TRACEY J
Date of judgment: 21 November 2014
Catchwords: BANKRUPTCY – application for summary judgment without oral hearing – 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) – ss 20A, 37M, 37N Federal Court Rules 2011 – r 26.01
Cases cited: Garrett v Macks [2014] FCA 1259 – cited
Date of hearing: 21 November 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: The applicant appeared in person
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 425 of 2014
BETWEEN: ANDREW MORTON GARRETT
Applicant
AND: STEPHEN JAMES DUNCAN
Respondent
JUDGE: TRACEY J DATE OF ORDER: 21 november 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The proceeding be dealt with without an oral hearing. 2. The application be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 425 of 2014
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