Hubner v ANZ Banking Group Ltd

FEDERAL COURT OF AUSTRALIA

Hubner v ANZ Banking Group Ltd [2000] FCA 140

BANKRUPTCY - appeal against sequestration orders - entitlement of judge to make sequestration orders without a jury - the Court’s discretion under s 30(3) Bankruptcy Act 1966 (Cth) - Schedule 2 to the Human Rights and Equal Opportunity Commission - whether or not a jury should be present to satisfy natural justice

Bankruptcy Act 1966 (Cth) s 30(3)
Bankruptcy Act 1924 (Cth) s 25(2)
Human Rights and Equal Opportunity Commission Act 1986 (Cth) Sch 2
Federal Court of Australia Act 1976 (Cth)
State and Territorial Laws and Records Recognition Act 1901 (Cth) s 19
Federal Court Rules O 29 r 2(a)
Insolvency Act 1874 (Qld) s 23
Bankruptcy Act 1898 (NSW) s 134
Acts Repeal Act 1991 (Qld) s 2(1) and Sch 1

Hubner v Australia and New Zealand Banking Group Ltd (1999) 88 FCR 445; [1999] FCA 385 cited
Re Coward; Stapleton v Brady [1952] QWN 15 (FCB) cited
Re Allen (1905) 5 SR(NSW) 55 cited
Taylor v Deputy Federal Commissioner of Taxation (1999) ATC 4,268 followed
Minogue v Williams [2000] FCA 125 (Ryan, Merkel and Goldberg JJ; unreported, 17 February 2000) referred to
Commissioner of StampDuties (NSW) v Owens [No 2] (1953) 88 CLR 168 referred to

COLIN RICHARD HUBNER AND YVONNE HUBNER v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED
Q 245 OF 1999

DRUMMOND, DOWSETT AND KATZ JJ
25 FEBRUARY 2000
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 245 OF 1999

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

BETWEEN:	COLIN RICHARD HUBNER AND YVONNE HUBNER APPELLANTS
AND:	AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED RESPONDENT

JUDGES:	DRUMMOND, DOWSETT AND KATZ JJ
DATE OF ORDER:	25 FEBRUARY 2000
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 245 OF 1999

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

BETWEEN:	COLIN RICHARD HUBNER AND YVONNE HUBNER APPELLANTS
AND:	AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED RESPONDENT

JUDGES:	DRUMMOND, DOWSETT AND KATZ JJ
DATE:	25 FEBRUARY 2000
PLACE:	BRISBANE

REASONS FOR JUDGMENT

THE COURT:

1. This is an appeal from the making, by a single Judge of this Court, of sequestration orders against the estates of the appellants.

2. The notice of appeal (which was in the form appropriate to so-called appeals from certain administrative tribunals, rather than in the form appropriate to true appeals from judgments of single Judges of this Court) stated five grounds of appeal.  The last of those grounds was the foundation for the seeking of a particular order on the appeal.  At the outset of the appeal, the appellants announced that they were no longer seeking the making of the order of which the last ground of appeal was the foundation.  Later, the respondent sought that…