FEDERAL COURT OF AUSTRALIA
Goldberg v Morrow [2004] FCA 1490
BANKRUPTCY – appeal from sequestration order made by Federal Magistrate – sequestration order based on judgment debt – allegation that original order giving rise to judgment debt obtained by fraud and collusion – allegation that appellant denied natural justice by not being afforded opportunity to object to affidavits of debt and search – allegation that Federal Magistrate wrongly refused adjournment of proceeding
Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1, referred to
House v The King (1936) 55 CLR 499, referred toDAVID GOLDBERG v DAVID MORROW
V1118 of 2004
WEINBERG J
19 NOVEMBER 2004
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V1118 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
DAVID GOLDBERG
APPELLANTAND:
DAVID MORROW
RESPONDENTJUDGE:
WEINBERG J
DATE OF ORDER:
19 NOVEMBER 2004
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed.
The appellant pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V1118 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
DAVID GOLDBERG
APPELLANTAND:
DAVID MORROW
RESPONDENT
JUDGE:
WEINBERG J
DATE:
19 NOVEMBER 2004
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
This is an appeal by David Goldberg against a sequestration order made on 6 September 2004 by McInnis FM. The Chief Justice has determined, pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), that the appeal should be heard by a single judge.
BACKGROUND FACTS
The dispute between the parties has a long and tortuous history. It is sufficient, for present purposes, to summarise a number of its salient features.
The respondent creditor David Morrow is a Victorian police officer. His creditor’s petition arose from a costs order made by the Supreme Court of Victoria in a proceeding that was brought against him by Mr Goldberg in April 2003. Mr Goldberg claimed damages for, among other things, false arrest and false imprisonment.
On 23 May 2003, Mr Goldberg applied for judgment in default of defence. That application was referred to Master Wheeler. On 26 May 2003, the matter was adjourned to 23 June 2003. In the meantime a defence was filed on behalf of Mr Morrow on 29 May 2003.
On 2 June 2003, Mr Morrow filed a summons seeking to have the statement of claim brought against him struck out as disclosing no cause of action. On 23 June 2003, Master Wheeler made an order in those terms, but gave leave to file and serve an amended statement of claim. On 14 July 2003, Mr Goldberg filed an amended statement of claim.
On 25 June 2003, Mr Goldberg filed a notice of appeal against Master Wheeler’s decision of 23 June 2003 ordering that his statement of claim be struck out. On 24 July 2003, Gillard…
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- AGLC
- Goldberg v Morrow [2004] FCA 1490
- Case
- [2004] FCA 1490
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sequestration order made against Mr Goldberg should be upheld. This involved examining the merits of the costs orders made against Mr Goldberg at various stages of the proceeding and determining if they justified the sequestration order. The court had to consider the reasonableness of the costs orders in light of the procedural history of the case and the conduct of the parties.
The court held that the costs orders made against Mr Goldberg were reasonable and justified the sequestration order. It found that Mr Goldberg's conduct throughout the litigation process was vexatious and oppressive. The court noted that Mr Goldberg had made multiple unsuccessful appeals and had persistently failed to comply with procedural requirements, leading to the imposition of costs. Given the totality of the circumstances, the court concluded that the sequestration order was appropriate to protect Mr Morrow from the ongoing financial burden caused by Mr Goldberg's litigation tactics.
Accordingly, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs. The court's decision underscores the importance of procedural compliance and the consequences of vexatious litigation.
Orders
Orders of the court
1. The appeal be dismissed.
2.
The appellant pay the respondent’s costs.
Background
Background to the litigation
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
Established by: WEINBERG J
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