Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mulhern (Bankrupt) v Official Receiver (NSW) [2016] FCA 722 File number: QUD 235 of 2016
Judge: COLLIER J
Date of judgment: 16 June 2016
Catchwords: PRACTICE AND PROCEDURE – whether matter should be summarily dismissed for abuse of process – relief sought has been dealt with in previous matters – relitigation of same issues – Official Receiver not proper party – proceedings dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 153B, 153B(1) Federal Court of Australia Act 1976 (Cth) ss 25(2B)(ba), 25(2B)(bb)
Cases cited: Jacqueline Patricia Mulhern v Bank of Queensland [2014] FCA 26 Mulhern v Bank of Queensland Limited [2012] FMCA 1266 Mulhern v Official Receiver [2015] FCA 807 Mulhern v Pearce [2012] FCA 570 Mulhern v Pearce [2012] FCA 884 Mulhern v Pearce (No 2) [2014] FCA 805 Mulhern v Pearce (No 3) [2015] FCA 806 Pantzer v Wenkart [2006] FCAFC 140
Date of hearing: 16 June 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicants: The First Applicant appeared in person and on behalf of the Second Applicant
Solicitor for the Respondent: Ms L Buchanan of the Australian Government Solicitor
ORDERS QUD 235 of 2016
BETWEEN: MICHAEL RICHARD MULHERN (AUSTRALIAN MADE BANKRUPT) First Applicant
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