Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Macks [2015] FCA 254 Citation: Garrett v Macks [2015] FCA 254
Appeal from: Application for leave to appeal: Garrett v Macks [2014] FCA 1259
Parties: ANDREW MORTON GARRETT v PETER IVAN MACKS
File number: VID 732 of 2014
Judge: BEACH J
Date of judgment: 16 March 2015
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal summary judgment – applicant a former bankrupt – deed of settlement between applicant and trustee in bankruptcy – release clauses – covenant not to sue – complete defence – no sufficient doubt to warrant reconsideration – no substantial injustice if leave refused – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 179 Federal Court of Australia Act 1976 (Cth) ss 24(1A), 24(1D)(b), 31A, 37AO, 37M Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Re CSR Ltd (2010) 183 FCR 358 Rucinski v Monash University [2012] FCA 362 Sali v SPC Ltd (1993) 116 ALR 625 Spencer v The Commonwealth (2010) 241 CLR 118
Date of hearing: 13 March 2015
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: The Applicant appeared in person
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