Ritson v Commissioner of Police, New South Wales Police Force [2017] FCA 1192

FEDERAL COURT OF AUSTRALIA

Ritson v Commissioner of Police, New South Wales Police Force [2017] FCA 1192 Appeal from: Ritson v Commissioner of Police, New South Wales Police Force [2017] FCCA 1204

File number: NSD 1029 of 2017

Judge: ROBERTSON J

Date of judgment: 5 October 2017

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from orders of the Federal Circuit Court dismissing an application to set aside a bankruptcy notice – whether denial of procedural fairness – Held: appeal allowed

Legislation: Bankruptcy Act 1966 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) s 104 Federal Circuit Court Rules 2001 (Cth) r 20.03

Cases cited: Harris v Caladine [1991] HCA 9; 172 CLR 84 Totev v Sfar [2008] FCAFC 35; 167 FCR 193

Date of hearing: 5 October 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 52

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondent: Mr P Afshar

Solicitor for the Respondent: Coleman Greig Lawyers

ORDERS NSD 1029 of 2017

BETWEEN: BRENDAN RITSON Appellant

AND: COMMISSIONER OF POLICE, NEW SOUTH WALES POLICE FORCE Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 5 October 2017

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. Orders 2 and 3 of the Federal Circuit Court of Australia made on 6 June 2017 be set aside and, in their place: (i) the proceeding be remitted to that Court for further hearing and determination by that Court, differently constituted; (ii) the respondent pay the costs of the applicant, limited to his disbursements, such as filing fees, and to the amounts payable by the applicant to the legal practitioner who represented him on 6 June 2017, as agreed or taxed. 3. The respondent pay the appellant's costs of the appeal, limited to his disbursements, such as filing fees and any costs of copying the appeal books, and to the amounts payable by the applicant to the barrister who represented him until about 22 September 2017, including on 6 September 2017, as agreed or taxed. 4. Under s 41(6A) of the Bankruptcy Act 1966 (Cth), time for compliance with bankruptcy notice BN 210799 is extended until the close of business on the day that the matter is next listed before the Federal Circuit Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.