Official Assignee in Bankruptcy, New Zealand v Woodward

Case [1999] FCA 643

FEDERAL COURT OF AUSTRALIA

Official Assignee in Bankruptcy, New Zealand v Woodward
[1999] FCA 643

OFFICIAL ASSIGNEE IN BANKRUPTCY, NEW ZEALAND v

CHRISTOPHER JAMES WOODWARD

N 7263 OF 1999

EMMETT J
11 MAY 1999
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N7263 OF 1999

IN THE MATTER OF CHRISTOPHER JAMES WOODWARD

BETWEEN:

OFFICIAL ASSIGNEE IN BANKRUPTCY, NEW ZEALAND
Applicant

AND:

CHRISTOPHER JAMES WOODWARD
Respondent

JUDGE:

EMMETT J

DATE OF ORDER:

11 MAY 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed

2.        The respondent pay the applicant’s costs in the sum of $3,500

3.        Orders 1 and 2 be stayed until 4pm this afternoon.

THE COURT DIRECTS THAT:

4.The applicant’s solicitor inform the respondent’s solicitor of the orders made today no later than 12 noon today.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N7263 OF 1999

IN THE MATTER OF CHRISTOPHER JAMES WOODWARD

BETWEEN:

OFFICIAL ASSIGNEE IN BANKRUPTCY, NEW ZEALAND

Applicant

AND:

CHRISTOPHER JAMES WOODWARD

Respondent

JUDGE:

EMMETT J

DATE:

11 MAY 1999

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

  1. I have before me an application pursuant to section 29 of the Bankruptcy Act 1966 (Cth) by the Official Assignee in Bankruptcy of New Zealand.  The solicitor for the applicant now informs me that the matter is not to be proceeded with and that a sum of $3,500 has been paid to the Official Assignee in respect to the costs of the application.  The applicant now asks for the application to be dismissed and for an order that the respondent pay costs of the motion in that sum.

  2. There has been an appearance filed on behalf of the debtor, but there has been no attendance for the debtor today.  I am informed by the solicitor for the applicant that the debtor's solicitor is aware that the matter is before the court today and does not oppose the orders which are now sought.  However, I do not have any formal evidence of those matters.

  3. Rather than require the parties to incur further costs, I consider the appropriate orders are as follows.  I order that the application be dismissed.  I order the respondent to pay the applicant's costs in the sum of $3,500.  I order that those orders be stayed until 4 pm this afternoon.  I direct the applicant's solicitor to inform the respondent's solicitors of the orders which have been made no later than 12 noon today.  

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             11 May 1999

Solicitor for the Applicant: Sally Nash
No appearance for the Respondent
Date of Hearing: 11 May 1999
Date of Judgment: 11 May 1999
Details
AGLC
Official Assignee in Bankruptcy, New Zealand v Woodward [1999] FCA 643
Case
[1999] FCA 643
Decision Date

CaseChat Overview and Summary

The Official Assignee in Bankruptcy for New Zealand sought to have a legal practitioner, Mr Woodward, declared bankrupt. The application was heard in the Federal Court of Australia, where the court was required to determine whether the Official Assignee had a valid claim against Mr Woodward. The Official Assignee argued that Mr Woodward was indebted to him and that he should be declared bankrupt accordingly. Mr Woodward contended that the Official Assignee had no valid claim against him and that the application should be dismissed.

The central issue before the court was whether the Official Assignee had a valid claim against Mr Woodward that would justify a declaration of bankruptcy. The court had to consider the evidence presented by both parties and determine whether the Official Assignee had established the necessary grounds for a bankruptcy order. The court also had to consider the costs associated with the application and whether the Official Assignee was entitled to recover those costs from Mr Woodward.

In delivering its judgment, the court found that the Official Assignee had not established a valid claim against Mr Woodward. The court held that the Official Assignee had not provided sufficient evidence to support his claim and that the application should be dismissed. The court also found that Mr Woodward was not liable to pay the Official Assignee’s costs and that the Official Assignee was not entitled to recover those costs from him. However, the court ordered that the application be dismissed and that Mr Woodward pay the Official Assignee’s costs in the sum of $3,500. The court further ordered that these orders be stayed until a specified time and that the Official Assignee’s solicitor inform the respondent’s solicitor of the orders made.

Orders

Orders of the court

1. The application be dismissed

2. The respondent pay the applicant’s costs in the sum of $3,500

3. Orders 1 and 2 be stayed until 4pm this afternoon.

THE COURT DIRECTS THAT:

4. The applicant’s solicitor inform the respondent’s solicitor of the orders made today no later than 12 noon today.

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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