Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Duncan [2015] FCA 255 Citation: Garrett v Duncan [2015] FCA 255
Appeal from: Application for leave to appeal: Garrett v Duncan [2014] FCA 1260
Parties: ANDREW MORTON GARRETT v STEPHEN JAMES DUNCAN
File number: VID 730 of 2014
Judge: BEACH J
Date of judgment: 16 March 2015
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal summary judgment – applicant and former spouse former bankrupts – applicant joint trustee of family trust – applicant sought order that surplus of former spouse's estate be paid to him as joint trustee – deed of settlement between applicant and trustee of former spouse's bankrupt estate – 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 20A, 24(1A), 37AO, 37M, 37P 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 Sali v SPC Ltd (1993) 116 ALR 625
Date of hearing: 13 March 2015
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: The Respondent appeared via telephone
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