Haughton v Shanahan (No 2) [2024] FCA 350

Federal Court of Australia

Haughton v Shanahan (No 2) [2024] FCA 350 File number: SAD 52 of 2023

Judgment of: CHARLESWORTH J

Date of judgment: 11 April 2024

Catchwords: BANKRUPTCY – application for summary judgment of an originating application – originating application seeking an order under s 153B of the Bankruptcy Act 1966 (Cth) annulling a bankruptcy – where applicant became bankrupt on a creditor's petition founded on a judgment debt – where unsuccessful appeal from judgment giving rise to judgment debt – where Registrar who made the sequestration order not invited to go behind the judgment other than for limited purposes – where applicant contends the sequestration order ought not to have been made because Registrar should have gone behind judgment – applicant asserting issues arise under the Constitution – arguments raised by applicant on the annulment application having no reasonable prospects of establishing the sequestration order ought not to have been made – originating application summarily dismissed under s 31A of the Federal Court of Australia Act 1976 (Cth) – applicant seeking to agitate a case that could have been agitated in the proceedings in which the judgment debt arose – application for annulment an abuse of process to that extent

Legislation: Bankruptcy Act 1966 (Cth) ss 40, 41, 43, 52, 86, 153B Crimes Act 1914 (Cth) Federal Court of Australia Act 1976 (Cth) ss 31A, 35A Judiciary Act 1903 (Cth) s 78B Federal Court (Bankruptcy) Rules 2016 (Cth) r 2.02 Federal Court Rules 2011 (Cth) rr 5.23, 13.01, 26.01, 39.03 Retail and Commercial Leases Act 1995 (SA) s 30