Pavlic v Macquarie Leasing Pty Ltd - [2015] FCA 733

FEDERAL COURT OF AUSTRALIA
Pavlic v Macquarie Leasing Pty Ltd [2015] FCA 733

Citation: Pavlic v Macquarie Leasing Pty Ltd [2015] FCA 733

Appeal from: Pavlic v Macquarie Leasing Pty Ltd [2015] FCCA 854

Parties: WILLIAM JOSEPH PAVLIC v MACQUARIE LEASING PTY LTD (ACN 002 674 982), CNH INDUSTRIAL CAPITAL AUSTRALIA PTY LTD (ACN 069 132 396) and AGCO FINANCE PTY LTD (ACN 107 653 878)

File number: NSD 214 of 2015

Judge: FOSTER J

Date of judgment: 17 July 2015

Legislation: Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb)
Federal Court Rules 2011, r 5.23(1)(b)(i) and r 36.74(1)(a)

Date of hearing: 17 July 2015

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 16

Solicitor for the Appellant: Mr D Angelkov appeared by leave

Counsel for the First Respondent: Ms E Glover

Solicitor for the First Respondent: Douros Jackson Lawyers

Solicitor for the Second Respondent: Mr TR Xenos of Bayside Solicitors

Solicitor for the Third Respondent: The Third Respondent submitted save as to costs

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 214 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:
WILLIAM JOSEPH PAVLIC
Appellant

AND:
MACQUARIE LEASING PTY LTD (ACN 002 674 982)
First Respondent

CNH INDUSTRIAL CAPITAL AUSTRALIA PTY LTD (ACN 069 132 396)
Second Respondent

AGCO FINANCE PTY LTD (ACN 107 653 878)
Third Respondent

JUDGE:

FOSTER J

DATE OF ORDER:

17 JULY 2015

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The hearing listed for 24 August 2015 be vacated.
2.Pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 5.23(1)(b)(i) and r 36.74(1)(a) of the Federal Court Rules 2011, the appeal be dismissed.
3.There be no orders as to the costs of the appeal.

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 214 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:
WILLIAM JOSEPH PAVLIC
Appellant

AND:
MACQUARIE LEASING PTY LTD (ACN 002 674 982)
First Respondent

CNH INDUSTRIAL CAPITAL AUSTRALIA PTY LTD (ACN 069 132 396)
Second Respondent

AGCO FINANCE PTY LTD (ACN 107 653 878)
Third Respondent

JUDGE:

FOSTER J

DATE:

17 JULY 2015

PLACE:

SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

On 7 October 2014, the appellant, Mr Pavlic, was made bankrupt by order of a Registrar of the Federal Circuit Court of Australia. An application for review of that decision was dismissed by a judge of that Court on 18 February 2015.
On 11 March 2015, the appellant filed a Notice of Appeal from the primary judge’s decision and orders made on 18 February 2015.
Subsequently, on 23 March 2015, the appellant filed an Application for Leave to Appeal from an order for costs made against him by another judge of the Federal Circuit Court.
The present appeal is fixed for hearing before a single judge…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Pavlic v Macquarie Leasing Pty Ltd

Details

AGLC: Pavlic v Macquarie Leasing Pty Ltd [2015] FCA 733
Case: [2015] FCA 733
Decision Date: 17 July 2015

CaseChat Overview and Summary

The parties involved in this case were Pavlic, the appellant, and Macquarie Leasing Pty Ltd, the respondent. The dispute centered around an appeal against a decision made by a single judge of the Federal Court of Australia, which was originally an application for review of an administrative decision. The nature of the appeal was to challenge the single judge's decision to dismiss Pavlic's application for leave to appeal a decision made by the Federal Circuit Court of Australia in relation to the enforcement of a judgment debt. The appeal was heard by the Full Court of the Federal Court of Australia.

The legal issues before the court included the interpretation of specific sections of the Federal Court of Australia Act 1976 (Cth) and the Federal Court Rules 2011, as well as the principles governing the enforcement of judgment debts. The court had to determine whether the single judge correctly exercised his discretion in dismissing Pavlic's application for leave to appeal and whether the appeal met the criteria for special leave to be granted. The court also had to consider the merits of the underlying judgment debt enforcement application.

The court found that the single judge's decision to dismiss the application for leave to appeal was correct. The Full Court held that the appeal did not disclose a probable error of law and, therefore, did not meet the threshold for special leave to be granted. The court further held that the appeal was not an appropriate vehicle for the appellant to raise new arguments or evidence that were not before the primary judge. The Full Court affirmed the single judge's decision, and Pavlic's appeal was dismissed. The court made no orders as to the costs of the appeal.

Orders

Orders of the court

1. The hearing listed for 24 August 2015 be vacated.

2. Pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 5.23(1)(b)(i) and r 36.74(1)(a) of the Federal Court Rules 2011, the appeal be dismissed.

3. There be no orders as to the costs of the appeal.

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Citation:	Pavlic v Macquarie Leasing Pty Ltd [2015] FCA 733
Appeal from:	Pavlic v Macquarie Leasing Pty Ltd [2015] FCCA 854
Parties:	WILLIAM JOSEPH PAVLIC v MACQUARIE LEASING PTY LTD (ACN 002 674 982), CNH INDUSTRIAL CAPITAL AUSTRALIA PTY LTD (ACN 069 132 396) and AGCO FINANCE PTY LTD (ACN 107 653 878)
File number:	NSD 214 of 2015
Judge:	FOSTER J
Date of judgment:	17 July 2015
Legislation:	Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb) Federal Court Rules 2011, r 5.23(1)(b)(i) and r 36.74(1)(a)
Date of hearing:	17 July 2015
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	16
Solicitor for the Appellant:	Mr D Angelkov appeared by leave
Counsel for the First Respondent:	Ms E Glover
Solicitor for the First Respondent:	Douros Jackson Lawyers
Solicitor for the Second Respondent:	Mr TR Xenos of Bayside Solicitors
Solicitor for the Third Respondent:	The Third Respondent submitted save as to costs

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 214 of 2015

JUDGE:	FOSTER J
DATE OF ORDER:	17 JULY 2015
WHERE MADE:	SYDNEY

JUDGE:	FOSTER J
DATE:	17 JULY 2015
PLACE:	SYDNEY