FEDERAL COURT OF AUSTRALIA
Macchia v Nilant (Trustee) [2006] FCA 213
PRACTICE AND PROCEDURE – summary dismissal – Anshun estoppel – special circumstances ‑ abuse of process – relitigation of issues
BANKRUPTCY – statements of affairs – whether to be treated as having been filed at a date earlier than it was actually filed
Bankruptcy Act 1966 (Cth) Pt X, ss 30, 30(1), 30(1)(b), 33(1)(c), 33A, 33A(3), 54, 54(1), 55(3A), 146, 149, 149(1), 149(3), 188, 306, 306(1)
Bankruptcy Legislation Amendment Act 2002 (Cth)Federal Court Rules O 20 r 2(1)
Re; Mario Silverio Macchia Ex parte; Mario Silverio Macchia v Charles Philippe Louis Nilant as Trustee of the Bankrupt Estate of Mario Silverio Macchia [1997] FCA 246 cited
Re; Rohde (1993) 42 FCR 149 cited
Nilant v Macchia (1997) 78 FCR 419 cited
Macchia v Nilant [2000] FCA 353 cited
Nilant v Macchia (2000) 104 FCR 238 cited
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied
Dumitrasku v Official Receiver in Bankruptcy [2003] FMCA 477 distinguished
Baral v Official Trustee in Bankruptcy [1999] FCA 77 distinguished
Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited
Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 146 FCR 10 applied
Spalla v St George Motor Finance Ltd (No 6) [2004] FCA 1669 applied
State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Torts Reports 81‑423 applied
Webster v Lampard (1993) 177 CLR 598 citedMARIO SILVERIO MACCHIA v CHARLES PHILIPPE LOUIS NILANT (AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIO SILVERIO MACCHIA)
WAD 127 OF 2005SIOPIS J
13 MARCH 2006
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 127 OF 2005
BETWEEN:
MARIO SILVERIO MACCHIA
APPLICANTAND:
CHARLES PHILIPPE LOUIS NILANT
(AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIO SILVERIO MACCHIA)
RESPONDENTJUDGE:
SIOPIS J
DATE OF ORDER:
13 MARCH 2006
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1The applicant’s application filed on 2 June 2005 and amended on 1 August 2005 is dismissed.
2The applicant is to pay the costs of the respondent’s notice of motion and of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 127 OF 2005
BETWEEN:
MARIO SILVERIO MACCHIA
APPLICANTAND:
CHARLES PHILIPPE LOUIS NILANT
(AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIO SILVERIO MACCHIA)
RESPONDENT
JUDGE:
SIOPIS J
DATE:
13 MARCH 2006
PLACE:
PERTH
REASONS FOR JUDGMENT
This is an application by the respondent by notice of motion for the summary dismissal, alternatively a permanent stay of an application made by the applicant on 2 June 2005. The respondent relies upon O 20 r 2(1) of the Federal Court Rules (‘the Rules’) and the inherent jurisdiction of the Court.
The applicant in the substantive application is a discharged bankrupt. He was declared bankrupt by a sequestration order made by this Court on 16 September 1991 and was, pursuant…
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- AGLC
- Macchia v Nilant (Trustee) [2006] FCA 213
- Case
- [2006] FCA 213
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the applicant was attempting to relitigate matters that had already been decided and whether the applicant's current claims were barred by the terms of the deed of release. Specifically, the court needed to determine if the applicant's claims were an abuse of process and whether they disclosed a reasonable cause of action. The respondent argued that the applicant was attempting to circumvent the terms of the deed of release by bringing claims that had already been settled.
The court, in dismissing the applicant's claims, found that the applicant was indeed attempting to relitigate matters that had already been settled and that the terms of the deed of release clearly barred the current claims. The court held that the applicant's claims were an abuse of process and that they disclosed no reasonable cause of action. The court emphasized that the applicant had already been given an opportunity to pursue these claims and had chosen to settle them by entering into the deed of release. The court concluded that allowing the applicant to proceed with the current claims would undermine the integrity of the judicial process and the terms of the settlement agreement.
In light of these findings, the court dismissed the applicant's application in its entirety and ordered the applicant to pay the respondent's costs associated with the notice of motion and the application.
Orders
Orders of the court
1 The applicant’s application filed on 2 June 2005 and amended on 1 August 2005 is dismissed.
2 The applicant is to pay the costs of the respondent’s notice of motion and of the application.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: SIOPIS J
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