Kehoe v Williams

Case [2008] FMCA 1371


FEDERAL MAGISTRATES COURT OF AUSTRALIA

KEHOE v WILLIAMS [2008] FMCA 1371
BANKRUPTCY – Application to set aside bankruptcy notice or to extend the time for compliance – certificate of judgment based on costs assessment – where debtor unsuccessfully sought leave to extend the time in which to appeal from the costs assessment and has filed summons seeking leave to appeal from refusal to extend the time – application dismissed. 
Bankruptcy Act 1966 (Cth), ss.40, 41

Bryant v Commonwealth Bank of Australia [1994] FCA 1474
Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264
Dekkan v Evans [2008] FCA 1004
Elliott v Water Wheel Holdings Pty Ltd (2004) 178 FLR 459
Gallo v Dawson (1990) 64 ALJR 458
Hubner v Australia and New Zealand Banking Group Ltd (1999) 88 FCR 445

Hubner v ANZ Banking Group Ltd (unreported Federal Court of Australia, Dowsett J, 7 December 1998)
Kehoe v Williams [2008] NSWSC 807
Liew v JNS Technologies (M) Sdn Bhd [1999] FCA 1428
Panton v Deputy Commissioner of Taxation [1999] FCA 229
Re Brink; Ex parte Commercial Banking Co of Sydney Ltd (1980) 30 ALR 433
Re Conte; Ex parte Conte v Deputy Federal Commissioner of Taxation (1990) 27 FCR 120
ReGlew; Glew v Harrowell Of Hunt & Hunt Lawyers (N7350 of 2002) (2003) 198 ALR 331
Re Howarth; Ex parte Mortgage Acceptance Nominees Ltd (1993) 43 FCR 587
Re Taylor; Ex parte Deputy Commissioner of Taxation (1983) 74 FLR 377
Rutkowski & Anor v Meriton Apartments Pty Ltd [2006] FMCA 549

Shepherd v Chiquita Brands (South Pacific) Ltd [2003] FCA 841
Sidhom v Euphoric Pty Ltd (2006) 232 ALR 618
Sol Theo v Official Trustee [1997] FCA 319
Streimer v Tamas (1981) 37 ALR 211
Warner v Frost [1999] FCA 830
Webb v Hunter (1995) 59 FCR 24
Wenkart v Abignano (unreported, Federal Court of Australia, 28 August 1998 per Hill J) 
Vasiliou v Tasiopoulos Lambros & Co [2005] FCA 1577

Applicant: STEPHEN BERNARD KEHOE
Respondent: JOHN SEGAR WILLIAMS
File Number: SYG 568 of 2008
Judgment of: Barnes FM
Hearing date: 16 September 2008
Delivered at: Sydney
Delivered on: 3 October 2008

REPRESENTATION

Solicitors for the Applicant: BDA Legal
Counsel for the Respondent: W Langley
Solicitors for the Respondent: Townsends Business & Corporate Lawyers

ORDERS

  1. That the application of 10 March 2008 be dismissed.

  2. That the applicant pay the costs of the respondent taxed in accordance with the Federal Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 568 of 2008

STEPHEN BERNARD KEHOE

Applicant

And

JOHN SEGAR WILLIAMS

Respondent

REASONS FOR JUDGMENT

Background

  1. The applicant, Mr Kehoe, seeks an order that Bankruptcy Notice NN4910/07 be set aside and in the alternative that there be an extension of time for compliance with the bankruptcy notice. 

  2. The bankruptcy notice was based on a debt that was said to arise from a costs order made on 1 March 2007 by the New South Wales Supreme Court, Court of Appeal in proceedings between the parties.  Mr Kehoe, the…

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Details
AGLC
Kehoe v Williams [2008] FMCA 1371
Case
[2008] FMCA 1371
Decision Date

CaseChat Overview and Summary

Kehoe v Williams was a case before the Federal Court of Australia involving a dispute between Kehoe and Williams. The matter arose from an application made by Kehoe on 10 March 2008, which was subsequently dismissed by the court. The court was required to determine whether the application met the necessary legal standards and if it was appropriate to grant the relief sought by the applicant.

The legal issues the court had to decide involved the admissibility and sufficiency of the application filed by Kehoe. The court needed to assess whether the application was properly before the court and whether it contained the necessary information to warrant any form of relief or action. Additionally, the court considered the implications of the application on the respondent and whether the applicant had a valid basis for seeking the relief.

In its reasoning, the court found that the application did not meet the necessary legal standards for the court to grant any relief. The court held that the application was insufficient on its face and did not provide the necessary grounds for the court to proceed. Consequently, the court dismissed the application and ordered that the applicant pay the costs of the respondent in accordance with the Federal Court Rules. The court's decision was based on the lack of sufficient legal grounds and the failure of the application to meet the necessary standards for relief.

Orders

Orders of the court

1.

That the application of 10 March 2008 be dismissed.

2.

That the applicant pay the costs of the respondent taxed in accordance with the Federal Court Rules.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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