Horvath v Pattison

[1999] FCA 924

FEDERAL COURT OF AUSTRALIA

Horvath v Pattison [1999] FCA 924

PRACTICE AND PROCEDURE – vexatious litigant – application for leave to commence a proceeding – whether leave should be granted – whether order prevents the hearing of an ex parte application – jurisdiction to enjoin the commencement of a proceeding

Bankruptcy Act 1966 (Cth) – ss 104, 153B
Federal Court Rules – O 21 r 2

Commonwealth Trading Bank v Inglis (1974) 131 CLR 311 cited
Grepe v Loam [1888] 37 ChD 168 followed
Tanning Research Laboratories Inc v O'Brien (1990) 1 ACSR 510 cited

GABOR HORVATH & AGOTA HORVATH V PAUL A PATTISON & COMMONWEALTH BANK OF AUSTRALIA

V 323 OF 1999

JUDGE:        FINKELSTEIN J
PLACE:         MELBOURNE
DATE:            28 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 323 OF 1999

BETWEEN:	GABOR HORVATH and AGOTA HORVATH Applicants
AND:	PAUL A PATTISON and COMMONWEALTH BANK OF AUSTRALIA Respondents
JUDGE:	FINKELSTEIN J
DATE OF ORDER:	28 JUNE 1999
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.Mr and Mrs Horvath do not institute an application for an order to annul their bankruptcies upon the ground that the Commonwealth Bank of Australia was not entitled to present the petition upon which the sequestration order was made.

2.Grant to Mr and Mrs Horvath leave to make an application under s 104(3) of the Bankruptcy Act for extending the time within which to make an application under s 104(1) to review the decision of the trustee in bankruptcy to admit the proof of debt lodged by the Commonwealth Bank of Australia, but limited to the ground that the trustee should have deducted from the amount of the debt the value of any security held by that bank.

3.        Otherwise, the application be dismissed.

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	V 323 OF 1999

BETWEEN:	GABOR HORVATH and AGOTA HORVATH Applicants
AND:	PAUL A PATTISON and COMMONWEALTH BANK OF AUSTRALIA Respondents

JUDGE:	FINKELSTEIN J
DATE:	28 JUNE 1999
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. Gabor Horvath and his wife Agota Horvath, each of them a bankrupt, apply ex parte for leave to bring an application to annul their respective bankruptcies under s 153B of the Bankruptcy Act 1966 (Cth) and, in the alternative, to review the decision of their trustee in bankruptcy, Mr Paul A Pattison, to admit a proof of debt lodged by the Commonwealth Bank of Australia (“the Bank”).

2. Mr and Mrs Horvath ask for leave in consequence of an order made by Weinberg J on 27 April 1999.  On that day, on the application of Mr Pattison and the Bank, his Honour ordered that Mr and Mrs Horvath “shall not, without the leave of the Court, institute in [the] Court any proceedings against Mr Paul A Pattison, their trustee in bankruptcy, or against the Commonwealth Bank of Australia” other than an appeal against that order. 

3. The order was made in…