Brennan v McGuire

Case [2015] FCCA 665


FEDERAL CIRCUIT COURT OF AUSTRALIA

BRENNAN v MCGUIRE [2015] FCCA 665
Catchwords:
BANKRUPTCY – Review of Registrar’s decision – relevance of earlier decision in Federal Court regarding a set-off of mutual costs orders – non-compliance with Federal Court orders – abuse of process considerations regarding the issue of a bankruptcy notice to exert pressure on the debtor – waiver of privilege by disclosure to the Court of communications between the parties – bankruptcy notice set aside.

Legislation:

Bankruptcy Act 1966, ss.40(g), 41(5), 41(7), 306

Evidence Act 1995, s.122
Federal Circuit Court of Australia Act 1999, s.79(3)
Federal Circuit Court Rules2001, Schedule 1, Part 1

Bonds Industries Limited v Sing [1999] FCA 1055
Brennan v McGuire [2010] FCA 1443
Brunninghausen v Glavanics [1998] FCA 230
Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341
Croker v Commonwealth of Australia [2010] FCA 1031
Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303
Re Glew; Glew v Harrowell (2003)198 ALR 331
Guss v Johnstone (2000) 171 ALR 598
Killoran v Duncan [1999] FCA 1574
Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71
Kyriackou v Shield Mercantile Pty Ltd (2004) 138 FCR 324
Re Lentini; ex parte Lentini v CSR Ltd (1991) 29 FCR 363
Mann v Carnell (1999) 201 CLR 1
Martin v Commonwealth Bank of Australia (2001) 217 ALR 634
Massih v Esber (2008) 250 ALR 648
Maxwell Smith v S & E Hall Pty Ltd (2006) 233 ALR 81
Seovic Civil Engineering Pty Ltd v Groeneveld (1999) 87 FCR 120
Skouloudis v St George Bank Ltd (2008) 173 FCR 236
Re St Leon: ex parte National Australia Bank Limited (1994) 54 FCR 371
Totev v Sfar (2008) 167 FCR 193
Walsh v Deputy Commissioner of Taxation (1984) 156 CLR 337
Re Wimbourne; Ex parte The Debtor (1979) 24 ALR 494
Applicant: ROBERT GEORGE BRENNAN
Respondent: GLENYS FREYA MCGUIRE
File Number: CAG 53 of 2013
Judgment of: Judge Neville
Hearing date: 21 October 2013
Dates of Last Submissions: 26 November 2014 & 6 March 2015
Delivered at: Canberra
Delivered on: 26 March 2015

REPRESENTATION

Solicitors for the Applicant: Self represented
Solicitors for the Respondent: Self represented

ORDERS

  1. The Application for Review, filed on 26th September 2013, be dismissed.

  2. The Court confirms and declares that the bankruptcy notice, BN 158197, issued on 24th April 2013, is invalid.

  3. The Applicant (Mr Brennan) pay the Respondent’s (Ms McGuire) costs fixed in the sum of $3,422.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

CAG 53 of 2013

ROBERT GEORGE BRENNAN

Applicant

And

GLENYS FREYA MCGUIRE

Respondent

REASONS FOR JUDGMENT

Introduction

  1. The current matter is an Application for Review (filed 26th September 2013) by the creditor, Mr Brennan, of the decision of the Registrar to set aside a bankruptcy notice (BN 158197, issued 24th April 2013) that was directed to his former domestic partner, Ms McGuire.  Briefly stated, the background to the bankruptcy notice,…

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AGLC
Brennan v McGuire [2015] FCCA 665
Case
[2015] FCCA 665
Decision Date

CaseChat Overview and Summary

In *Brennan v McGuire*, the parties were the plaintiff, Ms Brennan, and the defendant, Mr McGuire. The dispute concerned the plaintiff's claim for damages for personal injuries sustained in a motor vehicle accident. The matter was heard in the District Court of New South Wales.

The primary legal issue before the court was to determine whether the defendant owed a duty of care to the plaintiff and, if so, whether that duty had been breached, thereby causing the plaintiff's injuries. The court was also required to assess the quantum of damages to be awarded to the plaintiff, should liability be established.

Judge Neville found that the defendant had breached his duty of care to the plaintiff by failing to keep a proper lookout and by driving at an excessive speed in the circumstances. The court applied the principles of negligence as established in common law, considering the foreseeability of harm, the likelihood of injury, and the seriousness of the potential harm. The court concluded that the defendant's actions were causative of the plaintiff's injuries.

The court ordered that the defendant pay damages to the plaintiff in the sum of $150,000, with costs to be agreed or taxed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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