Mader v O'Halloran

[2015] FCA 1464

FEDERAL COURT OF AUSTRALIA

Mader v O’Halloran [2015] FCA 1464

Citation:	Mader v O’Halloran [2015] FCA 1464
Parties:	BRADLEY MADER and LOREN AMANDA BECKWITH v DEBORAH O'HALLORAN and JOYCE BEE HONG LIM
File number(s):	WAD 258 of 2015
Judge(s):	SIOPIS J
Date of judgment:	21 December 2015
Catchwords:	BANKRUPTCY AND INSOLVENCY – application for leave to commence and take fresh steps in a proceeding – s 58(3) of the Bankruptcy Act 1966 (Cth) – nunc pro tunc – leave is sought in respect of a claim brought against a bankrupt in the Magistrates Court of Western Australia – whether the fact that judgment had been entered precluded the Court from granting leave in respect of that proceeding retrospectively.
Legislation:	Bankruptcy Act 1966 (Cth) ss 58(3), 58(3)(b), 60(2)
Cases cited:	7Steel Building Solutions Pty Ltd v Wright [2011] FCA 328 Done v Financial Wisdom Limited [2008] FCA 1706 Re McMaster; Ex parte McMaster (1991) 33 FCR 70 Allanson v Midland Credit Ltd (1977) 16 ALR 43 Stoker (Trustee), in the matter of Starr (Bankrupt) v Starr [2011] FCA 746 Veghelyi; Smith v Official Trustee in Bankruptcy (1993) 45 FCR 413 Singh v Official Trustee in Bankruptcy (2007) 214 FLR 84
Date of hearing:	15 July 2015
Date of last submissions:	31 July 2015
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	32
Counsel for the First and Second Applicants:	Ms N McVay
Solicitor for the First and Second Applicants:	McVay Bates & Associates
Counsel for the First Respondent:	The First Respondent appeared in person.
Counsel for the Second Respondent:	The Second Respondent did not appear.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 258 of 2015

BETWEEN:

BRADLEY MADER
First Applicant

LOREN AMANDA BECKWITH
Second Applicant

AND:

DEBORAH O'HALLORAN
First Respondent

JOYCE BEE HONG LIM
Second Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	21 DECEMBER 2015
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.To the extent that such leave may be necessary, the applicants have leave nunc pro tunc pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth):

(a)to take fresh steps after 16 May 2014 in the applicants’ claim (367/2012) against the first respondent, which on 13 December 2013 was consolidated with the applicants’ claim (2420/2013) against the second respondent, in the Magistrates Court of Western Australia (the Magistrates Court proceeding);

(b)to commence on 8 January 2015 appeal 122 of 2014 in the District Court of Western Australia and thereafter to take such fresh steps in that appeal proceeding as may be necessary to determine the appeal.

2.It is a condition of the grant of leave in Order 1 that the applicants do not, without the further leave of this Court, take any steps to enforce the judgment for $75,000 and costs obtained in the Magistrates Court proceeding against the bankrupt estate of the first respondent.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT…