FEDERAL COURT OF AUSTRALIA
Jeray v Blue Mountains City Council [2013] FCA 606
Citation: Jeray v Blue Mountains City Council [2013] FCA 606 Parties: IVAN JERAY v BLUE MOUNTAINS CITY COUNCIL File number: NSD 968 of 2013 Judge: JAGOT J Date of judgment: 13 June 2013 Catchwords: APPEAL AND NEW TRIAL – bankruptcy – leave to appeal – whether sufficient doubt – whether substantial injustice Legislation: Federal Circuit Court Rules 2001 (Cth) Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc [1991] 104 ALR 621
Diver v Neal [2009] NSWCA 115
Jeray v Blue Mountains City Council [2013] FCCA 297
Wentworth v Woollahra Municipal Council (1982) 149 CLR 672; [1982] HCA 41Date of hearing: 13 June 2013 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 16 Counsel for the Applicant: Mr Jeray appeared in person Solicitor for the Respondent: G Butterfield
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 968 of 2013
BETWEEN: IVAN JERAY
ApplicantAND: BLUE MOUNTAINS CITY COUNCIL
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
13 JUNE 2013
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for leave to appeal filed 30 May 2013 be dismissed.
2.The applicant pay the respondent costs of the application for leave to appeal as agreed or taxed.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 968 of 2013
BETWEEN: IVAN JERAY
ApplicantAND: BLUE MOUNTAINS CITY COUNCIL
Respondent
JUDGE:
JAGOT J
DATE:
13 JUNE 2013
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for leave to appeal which was filed on 30 May 2013. The application is for leave to appeal from orders made by the Federal Circuit Court of Australia on 16 May 2013 in the matter of Jeray v Blue Mountains City Council [2013] FCCA 297. The Federal Circuit Court on 16 May 2013 made the following orders:
(1)The application in a case filed on 1 May 2013 is dismissed.
(2)The applicant pay the respondent’s costs and disbursements of and incidental to the application in a case filed on 1 May 2013.
In the reasons for judgment published on the same day, the Federal Circuit Court at [1] outlined the orders sought by the applicant before it. Amongst other things, the application sought that orders made by Registrar Wall on 13 November 2012 be set aside, that bankruptcy notice BN 5792 be set aside and that a declaration be made that the respondent and its legal representatives have abused the legal system by applying for BN5792 that was intentionally based on an invalid judgment, which was then issued and served on the applicant.
The balance of the reasons for judgment explains the somewhat unusual circumstances in which this application was made to the Federal Circuit Court. In short, the respondent, the Blue Mountains City Council (the Council), had taken out a bankruptcy…
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- Case
- [2013] FCA 606
- Decision Date
CaseChat Overview and Summary
The final orders of the court were: (1) The application for leave to appeal filed 30 May 2013 be dismissed. (2) The applicant pay the respondent costs of the application for leave to appeal as agreed or taxed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Legal Principle Established
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