Edmonds v Barrington Winstanley Group Pty Ltd [2024] FCA 821

FEDERAL COURT OF AUSTRALIA

Edmonds v Barrington Winstanley Group Pty Ltd [2024] FCA 821 Appeal from: Edmonds v Barrington Winstanley Group Pty Ltd [2023] FedCFamC2G 785

File number(s): NSD 1075 of 2023

Judgment of: PERRY J

Date of judgment: 26 July 2024

Catchwords: PRACTICE AND PROCEDURE – application to disqualify the respondent's legal representatives – summary of legal principles – appellants' evidence inadmissible on the basis they contain bare assertions of a scandalous nature – application dismissed PRACTICE AND PROCEDURE – application for leave to amend the notice of appeal – appellants' submission that the amended notice raises the same issues as the original notice of appeal – prejudice to the respondent if application granted due to late filing of the application to amend – no adequate explanation given for lateness of the application – application dismissed PRACTICE AND PROCEDURE – application to lead fresh evidence on appeal – failure to provide adequate explanation as to why the evidence could not have been, with reasonable diligence, produced prior to the trail before the primary judge – evidence not of the nature that it would have very probably resulted in a different outcome before the trial judge – evidence would blur the distinction between original and appellate jurisdiction – application dismissed BANKRUPTCY – bankruptcy notice issued in respect of a judgment debt arising from a proceeding in the Supreme Court of New South Wales, affirmed on appeal by the NSW Court of Appeal – proceeding before the primary judge seeking to set aside the bankruptcy notice – no error by the primary judge in not accepting that the appellants could not have set up the counterclaims, set offs and/or cross demands in the Supreme Court as required by s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – no error by the primary judge in declining to go behind the judgments of the Supreme Court and the Court of Appeal – appeal dismissed