FEDERAL CIRCUIT COURT OF AUSTRALIA
| HUGHES TRUEMAN PTY LTD & ANOR v YOUNG | [2017] FCCA 468 |
| Catchwords: BANKRUPTCY – Bankruptcy Act 1966 (Cth) – creditors petition – application for adjournment of hearing of petition based on foreshadowed applications to High Court to reopen previous dismissal by High Court of special leave applications based on alleged failure of High Court to give proper and sufficient reasons for previous dismissals – High Court not bound to give reasons when dismissing special leave applications – application to reopen special leave applications doomed to fail and unmeritorious – no reason to adjourn hearing of creditors petition – debtor unable to pay debts and insolvent – sequestration order made. |
| Legislation: Bankruptcy Act 1966 (Cth), ss.5, 52 Federal Court Rules 2011 (Cth) |
| Second Applicant: | MR STEPHEN JOHN PERRENS |
| Supporting Creditor: | MR IAN HEMMINGS SC |
| Respondent: | MS MARGO YOUNG |
| File Number: | SYG 1345 of 2016 |
| Judgment of: | Judge Dowdy |
| Hearing dates: | 9 December 2016 and 3 March 2017 |
| Date of Last Submission: | 13 March 2017 |
| Delivered at: | Sydney |
| Delivered on: | 23 March 2017 |
REPRESENTATION
| Counsel for the Applicants: | Mr S Gray of Counsel |
| Solicitors for the Applicants: | Kennedys |
| Solicitors for the Supporting Creditor: | Moray & Agnew |
| Counsel for the Respondent: | Mr R Newell (solicitor) |
| Solicitors for the Respondent: | L C Muritini & Associates |
THE ORDERS OF THE COURT ARE AS FOLLOWS:-
A sequestration order be made against the estate of Ms Margo Young.
The Applicant Creditors’ costs, including any reserved costs and the costs of the hearings before the Court on 14 October 2016, 9 December 2016 and 3 March 2017, be taxed and paid from the bankrupt estate of Ms Margo Young according to the Bankruptcy Act 1966 (Cth).
A copy of this sequestration order be given to the Official…
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- Case
- [2017] FCCA 468
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the applications for special leave to appeal had merit and arguable grounds, and whether they could satisfy the stringent criteria for reopening a special leave hearing. Specifically, the court was required to consider the nature of special leave applications, the discretion involved in granting or refusing them, and the circumstances under which a prior decision on special leave could be revisited.
Dowdy J, applying established principles regarding special leave applications, noted that the High Court is not obliged to provide detailed reasons for its decisions on such matters. The court referenced statements from *Smith Kline & French Laboratories (Aust) Ltd v Commonwealth* and *Coulter v The Queen*, highlighting that special leave applications are a mechanism for filtering appellate work and involve a wide judicial discretion that can be exercised without extensive reasons. The judge found the proposed special leave applications in *Young v Hones* and *Young v King* to be wholly lacking in merit and without reasonable prospects of success, as they did not present genuine and arguable grounds. Furthermore, the judge determined that the proposed special leave application concerning Bromwich J's judgment, which was apparently criticised for a breach of the "duty to give reasons of a certain kind," was also doomed to failure, as the judgment was considered detailed and reasoned.
The court concluded that the applications for special leave to appeal were without merit and had no reasonable prospects of success.
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