Pitman v Johnson [2017] FCA 945

FEDERAL COURT OF AUSTRALIA

Pitman v Johnson [2017] FCA 945 File number: SAD 15 of 2016

Judge: CHARLESWORTH J

Date of judgment: 17 August 2017

Catchwords: BANKRUPTCY – trustee of the estate of a bankrupt in possession of goods by the execution of warrants issued under s 130 of the Bankruptcy Act 1966 (Cth) – applicants claim to be trustees of a trust and owners of the goods in that capacity – documents relied upon by applicants inadmissible under s 22 of the Stamp Duties Act 1923 (SA) EVIDENCE – application of State law providing for admissibility of documents to depend upon whether stamp duty has been paid – State law binding on Court exercising federal jurisdiction – interrelation between s 56 and s 9(3)(b) of the Evidence Act 1995 (Cth) and s 79 of the Judiciary Act 1903 (Cth) PRACTICE AND PROCEDURE – where applicants' case depended upon admissibility of documents dutiable under the Stamp Duties Act 1923 (SA) – whether adjournment should be granted to enable the documents to be assessed and stamped – whether rulings on admissibility should otherwise be deferred — applicants on notice of opposition to tender – applicants assuming risk documents may not be admitted – adjournment refused – rulings not deferred

Legislation: Bankruptcy Act 1966 (Cth), ss 54, 58, 116, 120, 121, 130 Evidence Act 1995 (Cth), ss 4, 9, 56 Federal Circuit Court of Australia Act 1999 (Cth), s 16 Federal Court of Australia Act 1976 (Cth), ss 21, 37M Judiciary Act 1903 (Cth), s 79 Stamp Duties Act 1923 (SA), ss 2, 4, 20, 21, 22, 60, 71, Sch 2 Statutes Amendment (Budget 2005) Act 2005 (SA)