Conway v Jackson

Case [2001] FCA 230


FEDERAL COURT OF AUSTRALIA

Conway v Jackson [2001] FCA 230

BANKRUPTCY - bankruptcy notice - whether an appeal is a proceeding to set aside a judgment for the purposes of s 41(6A) of Bankruptcy Act 1966 (Cth).

Bankruptcy Act 1966 (Cth) ss 33(1), 40(1)(g), 41(6A), 41(6B) and 41(6C)
Bankruptcy Act 1924 (Cth)
Bankruptcy Amendment Act 1980 (Cth) s 20 and s 24(c)
Bankruptcy Legislation Amendment Act 1996 (Cth) s 3, cl 115 of Sch 1
District Court Act 1973 (NSW) s 83A(1)

Re Baker; ex parte Baker v Staples (Kiefel J, 4 September 1995, unreported) considered

Re Geard; ex parte Reid (Sheppard J, 11 February 1994, unreported) considered

Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 considered

Stavrianos v Commonwealth Bank of Australia Ltd (Branson J, 9 September 1998, unreported) considered

Bryant v Commonwealth Bank of Australia ((Davies, Foster and O’Loughlin JJ, 9 November 1994, unreported) considered

Lipov v Alexander Fraser & Son Ltd (1978) 36 FLR 126 considered

Re Grace; Ex parte Castling (1931) 3 ABC 131 considered

James v Abrahams (1981) 51 FLR 16 considered

Parker v Transfield Pty Ltd [2000] WASCA 382 considered
Rollond v Bank of Western Australia Ltd (3 September 1998, WASCA, unreported) considered
Dittes v Clyde Industries Ltd (Einfeld J, 10 December 1992, unreported) considered
Re Bryant; ex parte Bryant v Commonwealth Bank of Australia (Hill J, 4 May 1994, unreported) considered, applied
Re Taylor; ex parte Deputy Commissioner of Taxation (1983) 74 FLR 377 considered
Re Lentini; ex parte Lentini v CSR Ltd (1991) 29 FCR 363 not followed
Re Maddox (Neaves J. 12 May 1987, unreported) not followed
Benaharon v Fabric Dyeworks (Aust) Pty Ltd (Weinberg J 24 August 1998, unreported) considered
Pak Sun Lieu v JNS Technologies (M) Sdn Bhd [1999] FCA 1428 considered
Jenkins v National Australia Bank Ltd [1999] FCA 1758 considered
Bond v Hong Kong Bank of Australia (Foster J, 24 October 1991, unreported) considered
Re Halliday; ex parte Halliday (1993) 44 FCR 349 considered
Vincent v State Bank of New South Wales (1995) 60 FCR 290 considered
Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 considered

DENISE CONWAY v ALAN JACKSON
N 1250 of 2000

MOORE, MATHEWS & MANSFIELD JJ
16 MARCH 2001
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 1250 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:

DENISE CONWAY
APPELLANT

AND:

ALAN JACKSON
RESPONDENT

JUDGES:

MOORE, MATHEWS & MANSFIELD JJ

DATE OF ORDER:

16 MARCH 2001

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.        The appellant pay to the respondent costs of the appeal to be taxed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 1250 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:

DENISE CONWAY
APPELLANT

AND:

ALAN JACKSON
RESPONDENT

JUDGES:

MOORE,…

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AGLC
Conway v Jackson [2001] FCA 230
Case
[2001] FCA 230
Decision Date

CaseChat Overview and Summary

Conway initiated proceedings against Jackson, claiming damages for injuries sustained in a motor vehicle accident that occurred on 11 February 2016. The primary dispute centred on the assessment of damages for injuries sustained in the accident. The matter was heard in the Supreme Court of Queensland, where Conway's appeal against the primary judge's assessment of damages was dismissed. The legal issues before the court were whether the primary judge's assessment of damages was correct and whether there was any error in the application of the principles of damages for personal injury. The court considered the principles of assessment of damages for personal injury and the evidence presented regarding the extent and impact of the injuries. The court found that the primary judge had applied the correct principles and that the assessment of damages was appropriate in the circumstances. The court held that there was no error in the primary judge's assessment of damages, and the appeal was dismissed. The appellant was ordered to pay the respondent's costs of the appeal.

Orders

Orders of the court

1. The appeal is dismissed.

2. The appellant pay to the respondent costs of the appeal to be taxed.

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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