Klinger v Nicholl

Case

[2006] HCATrans 36

No judgment structure available for this case.

[2006] HCATrans 036

IN THE HIGH COURT OF AUSTRALIA

Registry  No C14 of 2005

B e t w e e n -

ERWIN KLINGER

Applicant

and

JOHN DAVID NICHOLL TRADING AS NICHOLL & CO

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 FEBRUARY 2006, AT 9.27 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia.  The Full Court dismissed an appeal against an order of a Federal Magistrate confirming the making by a Registrar of the Federal Magistrates Court of a sequestration order against the estate of the applicant under the Bankruptcy Act 1966 (Cth).

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The case turns on its particular facts.  There is no reason to doubt the correctness of the decision of the Full Court.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.28 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Negligence & Tort

Legal Concepts

  • Appeal

  • Causation

  • Damages

  • Duty of Care

  • Negligence

  • Reliance

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