Goldberg v Morrow

[2005] HCATrans 253

[2005] HCATrans 253

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M208 of 2004

B e t w e e n -

DAVID GOLDBERG

Applicant

and

DAVID MORROW

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 9.25 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant seeks special leave to appeal from a decision of the Federal Court where a single judge (Weinberg J), exercising the jurisdiction of the Full Court, refused to set aside a sequestration order made by the Federal Magistrates Court.

In his application in this Court the applicant relies on three grounds of appeal. The first ground concerns section 117 of the Constitution. The applicant claims that the sequestration order subjects him to an impermissible disability or discrimination that contravenes that provision. Having considered the applicant’s written submissions we are of the view that this ground has no prospects of success.

The second and third grounds concern procedural fairness.  The applicant argues that in the proceedings below he was denied procedural fairness.  These grounds were carefully considered in the judgment of the Federal Court.  We are of the view that there is no error in the treatment of this issue by the Federal Court.

Accordingly special leave to appeal is refused.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.26 AM THE MATTER WAS CONCLUDED