FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FLETCHER v GEORGE (No.5) | [2008] FMCA 1628 |
| BANKRUPTCY – Amended application for final orders – application for stay of proceedings – seeking a declaration that Heads of Agreement remain valid and enforceable – the bankrupt made application to the Supreme Court seeking declarations in her favour as trustee in respect of the subject property – relevant parties to that proceeding are in part or principally parties to this application save for the trustee – trustee contends that he did not need to be a party to those proceedings – common substratum of facts and issues arising in relation to title of property – rights of the parties in contest for too long – whether this court is vested with exclusive jurisdiction under the Bankruptcy Act and whether the Supreme Court has any jurisdiction in respect of those matters – matter should proceed to trial. |
| Bankruptcy Act 1966 |
| Applicant: | WILLIAM JOHN FLETCHER AS TRUSTEE OF THE BANKRUPT ESTATE OF LAUREN KAY GEORGE |
| Respondent: | LAUREN KAY GEORGE |
| File Number: | BRG 709 of 2008 |
| Judgment of: | Burnett FM |
| Hearing date: | 18 November 2008 |
| Date of Last Submission: | 18 November 2008 |
| Delivered at: | Brisbane |
| Delivered on: | 18 November 2008 |
REPRESENTATION
| Counsel for the Applicant: | Mr Coulsen |
| Solicitors for the Applicant: | Coleman Webb Lawyers |
| Counsel for the Respondent: | Ms George appears on her own behalf |
ORDERS
That the application for a stay of proceedings is refused.
That Richard Siebert be joined as a party to these proceedings.
That the first respondent file an affidavit informing the parties to these proceedings of the additional matters she wishes to raise in addition to or in variation of the matters alleged in her amended statement of claim exhibited in the affidavit of Nick Humzy-Hancock filed by leave on 18 November 2008 and that such affidavit be filed on or by 4:00pm on 21 November 2008, in default of which the first respondent will not be permitted to advance such claim at trial.
That the first respondent serve upon the parties to the proceeding copies of any documents to be relied upon by the first respondent in respect of any amendments notified pursuant to order 3 above on or before 4:00pm on 21 November 2008.
That any documents filed in the Supreme Court of Queensland proceedings 3747 of 2008 be taken as if filed in this proceeding.
That any party wishing to respond to the first respondent’s affidavit filed in accordance with order 3 herein file and serve any affidavit and any supporting material to be relied upon at the trial by 4:00pm on 28 November 2008.
That this matter be adjourned for further mention to 26 November 2008.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRG…
Continue reading Fletcher v George (No.5)
Sign in free to access the full text
- AGLC
- Fletcher v George (No.5) [2008] FMCA 1628
- Case
- [2008] FMCA 1628
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the principles of res judicata applied to prevent the respondent from advancing the same claims in these proceedings and whether the respondent could be required to disclose and serve specific documents related to any amendments to her claims. The court also had to determine whether Richard Siebert should be joined as a party to the proceedings.
In its reasoning, the court concluded that the principles of res judicata did not prevent the respondent from advancing her claims as they were not identical to those previously decided. The court held that the respondent was required to file an affidavit detailing any additional or varied claims she intended to raise. Additionally, the court ordered that Richard Siebert be joined as a party and mandated the respondent to serve relevant documents to all parties. The court further directed that any documents filed in related proceedings be considered as filed in this case. The matter was adjourned for further mention, and all parties were given deadlines to respond to the orders and serve necessary documents.
Orders
Orders of the court
1.
That the application for a stay of proceedings is refused.
2.
That Richard Siebert be joined as a party to these proceedings.
3.
That the first respondent file an affidavit informing the parties to these proceedings of the additional matters she wishes to raise in addition to or in variation of the matters alleged in her amended statement of claim exhibited in the affidavit of Nick Humzy-Hancock filed by leave on 18 November 2008 and that such affidavit be filed on or by 4:00pm on 21 November 2008, in default of which the first respondent will not be permitted to advance such claim at trial.
4.
That the first respondent serve upon the parties to the proceeding copies of any documents to be relied upon by the first respondent in respect of any amendments notified pursuant to order 3 above on or before 4:00pm on 21 November 2008.
5.
That any documents filed in the Supreme Court of Queensland proceedings 3747 of 2008 be taken as if filed in this proceeding.
6.
That any party wishing to respond to the first respondent’s affidavit filed in accordance with order 3 herein file and serve any affidavit and any supporting material to be relied upon at the trial by 4:00pm on 28 November 2008.
7.
That this matter be adjourned for further mention to 26 November 2008.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.