Federal Court of Australia
Federal Court of Australia
Thompson v Hird [2023] FCA 1530 File number(s): QUD 286 of 2023
Judgment of: DOWNES J
Date of judgment: 6 December 2023
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a Registrar's decision to refuse to accept documents for filing – no error of law shown – relief sought would have been refused in any event as proposed application was an abuse of process – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Bankruptcy Act 1966 (Cth) ss 55(4A), 77, 153B Federal Court Rules 2011 (Cth) r 2.26
Cases cited: Ambrose (Trustee) in the matter of Poumako (Bankrupt) v Poumako (No 6) [2018] FCA 577 Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 Kamha v Australian Prudential Regulation Authority (2005) 147 FCR 516; [2005] FCAFC 248 Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 Nyoni v Murphy (2018) 261 FCR 164; [2018] FCAFC 75 Spalla v St George Motor Finance (No 5) [2004] FCA 1262 Storry v Parkyn [2023] FCA 1141 Storry v Weir (No 2) [2022] FCA 1360 Thompson v Lane (Trustee) (2023) 410 ALR 439; [2023] FCAFC 32 Thompson v Lane (Trustee) (No 3) [2022] FCA 128 Tov-Lev v Lowbeer (No 2) [2014] FCA 379 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534
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