McKinnon & Anor v Commonwealth Bank of Australia

[2007] HCATrans 525

[2007] HCATrans 525

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne       No M4 of 2007

B e t w e e n -

JEANETTE BEVERLY DAWN McKINNON

First Applicant

DONALD NEIL McKINNON

Second Applicant

and

COMMONWEALTH BANK OF AUSTRALIA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 SEPTEMBER 2007, AT 9.13 AM  

Copyright in the High Court of Australia

GUMMOW J:   On 26 August 2005, O'Dwyer FM made sequestration orders against the applicants after refusing their application for an adjournment. The applicants had previously applied to set aside the bankruptcy notices served upon them by the respondent, but the Federal Magistrates Court and Federal Court refused those applications, and special leave to appeal to this Court was ultimately refused by Kirby and Callinan JJ on 3 August 2006.

The applicants then appealed to the Full Federal Court against the making of the sequestration orders by O'Dwyer FM. On 15 December 2006, Mansfield, Young and Besanko JJ correctly dismissed that appeal as O'Dwyer FM did not err in failing to adjourn the hearing and in making the sequestration orders.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  The purported grounds of appeal are devoid of legal merit and are for the most part frivolous and vexatious. There are no prospects of success on any appeal to this Court.  Special leave is refused.

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

AT 9.14 AM THE MATTER WAS CONCLUDED