Sharples v Hanson, in the matter of Sharples

[2000] FCA 352

FEDERAL COURT OF AUSTRALIA

Sharples v Hanson, In the matter of Sharples [2000] FCA 352

RE: TERRY PATRICK SHARPLES; EX PARTE: TERRY PATRICK SHARPLES v PAULINE LEE HANSON as representative of herself and all members of PAULINE HANSON’S ONE NATION (as registered under the Electoral Act 1992 Qld)
Q 7515 of 1999

DOWSETT J
11 FEBRUARY 2000
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 7515 OF 1999

RE:	TERRY PATRICK SHARPLES A DEBTOR
EX PARTE:	TERRY PARTRICK SHARPLES APPLICANT
AND:	PAULINE LEE HANSON as representative of herself and all members of PAULINE HANSON'S ONE NATION (as registered under the Electoral Act 1992 Qld) RESPONDENT

JUDGE:	DOWSETT J
DATE OF ORDER:	11 FEBRUARY 2000
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.        The application to set aside a bankruptcy notice is refused.

2.The applicant pay the respondent’s costs of and incidental to the application to set aside the bankruptcy notice.

3.The application for an order that Mr English produce and delivery up documents is dismissed.

4.The applicant pay the respondent’s costs of the application for an order for production and delivery up of documents.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 7515 OF 1999

RE:	TERRY PATRICK SHARPLES A DEBTOR
EX PARTE:	TERRY PARTRICK SHARPLES APPLICANT
AND:	PAULINE LEE HANSON as representative of herself and all members of PAULINE HANSON'S ONE NATION (as registered under the Electoral Act 1992 Qld) RESPONDENT

JUDGE:	DOWSETT J
DATE:	11 FEBRUARY 2000
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The present applicant seeks to set aside a bankruptcy notice directed to him.  In addition he alleges that if he is indebted in respect of the subject matter of the notice, he is entitled to an indemnity from Mr Tony Abbott MP, a Federal Minister.  He claims to be entitled to join Mr Abbott as a third party in these proceedings.  I can see no basis for that.  If there is a claim against Mr Abbott, it should be pursued in a court of appropriate jurisdiction.  There is no reason why such a claim should be sorted out in the bankruptcy jurisdiction, and in those circumstances, I refuse the application.

2. I order the applicant to pay the respondent's costs of and incidental to the application to join Mr Abbott.

3. The application for an order that Mr English produce and deliver up documents has been abandoned.  It will be dismissed.  I suppose costs should follow the event.  I order that the applicant pay the respondent's costs of those proceedings.

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

Associate:

Dated:             24 March 2000

The Applicant appeared In Person.
Solicitor for the Respondent:	Watkins Stokes Templeton
Date of Hearing:	11 February 2000
Date of Judgment:	11 February 2000