Sheahan v Cooper

FEDERAL COURT OF AUSTRALIA
Sheahan v Cooper [1999] FCA 1260
JOHN SHEAHAN Trustee of the bankrupt estate of Jillian Helen Marshall and the bankrupt estates of Richard John Cooper and Simon Vincent Cooper v NOELENE MICHELLE COOPER, JANET ETHEL COOPER, MARTIN JAMES COOPER, ANDREW CHARLES COOPER, ROTHMORE PTY LTD (ACN 007 956 327), AGRI-STEEL PTY LTD (ACN 083 806 179) and TENNYSON TURNER
SG 112 OF 1998
MANSFIELD J
20 AUGUST 1999
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SG 112 OF 1998

BETWEEN:

JOHN SHEAHAN
Trustee of the bankrupt estate of Jillian Helen Marshall
and the bankrupt estates of Richard John Cooper
and Simon Vincent Cooper
Applicant

AND:

NOELENE MICHELLE COOPER
First Respondent

JANET ETHEL COOPER
Second Respondent

MARTIN JAMES COOPER
Third Respondent

ANDREW CHARLES COOPER
Fourth Respondent

ROTHMORE PTY LTD (ACN 007 956 327)
Fifth Respondent

AGRI-STEEL PTY LTD (ACN 083 806 179)
Sixth Respondent

TENNYSON TURNER
Seventh Respondent

JUDGE:

MANSFIELD J

DATE:

20 AUGUST 1999

PLACE:

ADELAIDE

REASONS FOR DECISION
HIS HONOUR:

In this matter, a similar motion has been brought by Mr Cooper as in matter SG 3019 of 1998, in this instance in respect of declarations and orders made by me from time to time, including final declarations and orders made on 4 June 1999. For the reasons I have just given in matter SG 3019 of 1998, but with one reservation, I propose also to make no order on that notice of motion.
The reservation is that it is necessary to address an additional issue, namely the request that a warrant issued by the Registrar of the Court on 5 May 1999 is sought to be set aside on the basis that the Registrar and the Court had no jurisdiction to issue the warrant. The warrant was issued to enforce an order of the Court, and pursuant to an order of the Court. The warrant was executed. I do not think I have power in those circumstances to set aside the warrant and, for the reasons which I have generally given, I would decline to make that order.
There is an additional reason why I would decline to make that order, namely that the warrant has already been executed. In those circumstances, no order which I made would be useful in any event.
On that motion also I decline to make any order. I make no order as to the costs of that motion.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Decision herein of the Honourable Justice Mansfield.

Associate:
Dated: 13 September 1999

Counsel for the Applicant:

Mr G Davis

Solicitors for the Applicant:

Piper Alderman

Counsel for the First, Second, Third, Fourth

and Fifth Respondents:

Mr P Kerin

Solicitors for the First, Second, Third, Fourth

and Fifth Respondents:

Aldermans Consultant Solicitors

Seventh Respondent appeared in person

and on behalf of the Sixth Respondent

Date of Hearing:

20 August 1999

Date of Decision:

20 August 1999

In the Federal Court of Australia, Justice Mansfield heard an application by John Sheahan, the trustee of the bankrupt estates of Jillian Helen Marshall, Richard John Cooper, and Simon Vincent Cooper, against Noelene Michelle Cooper, Janet Ethel Cooper, Martin James Cooper, Andrew Charles Cooper, Rothmore Pty Ltd, Agri-Steel Pty Ltd, and Tennyson Turners. The case, SG 112 of 1998, involved an application to set aside a warrant issued by the Registrar of the Court on May 5, 1999, which was executed to enforce a court order. The applicants sought to have the warrant set aside on the basis that the Registrar and the Court lacked jurisdiction to issue it. Justice Mansfield declined to make any order on the motion to set aside the warrant, noting that the warrant had already been executed and thus, any order would be ineffective.

The primary legal issue before the court was whether the warrant issued by the Registrar of the Court had been validly issued and whether it could be set aside after its execution. The applicants argued that the Registrar and the Court lacked jurisdiction to issue the warrant, while the respondents contended that the warrant was validly issued and should remain in effect. Justice Mansfield concluded that the Court did not have the power to set aside the warrant after it had been executed, and that the warrant's execution made any order redundant. The judge also highlighted that the Court had already ruled on similar matters in a previous case, SG 3019 of 1998, with similar outcomes.

The court's reasoning was based on the principle that once a court order is executed, the court generally lacks the power to set it aside. Furthermore, the judge noted that the Registrar and the Court had jurisdiction to issue the warrant as it was pursuant to an existing court order. Justice Mansfield thus declined to make any order regarding the motion to set aside the warrant and dismissed the application. The court did not award costs for the motion.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SG 112 OF 1998

BETWEEN:	JOHN SHEAHAN Trustee of the bankrupt estate of Jillian Helen Marshall and the bankrupt estates of Richard John Cooper and Simon Vincent Cooper Applicant
AND:	NOELENE MICHELLE COOPER First Respondent JANET ETHEL COOPER Second Respondent MARTIN JAMES COOPER Third Respondent ANDREW CHARLES COOPER Fourth Respondent ROTHMORE PTY LTD (ACN 007 956 327) Fifth Respondent AGRI-STEEL PTY LTD (ACN 083 806 179) Sixth Respondent TENNYSON TURNER Seventh Respondent
JUDGE:	MANSFIELD J
DATE:	20 AUGUST 1999
PLACE:	ADELAIDE

Counsel for the Applicant:	Mr G Davis
Solicitors for the Applicant:	Piper Alderman
Counsel for the First, Second, Third, Fourth and Fifth Respondents:	Mr P Kerin
Solicitors for the First, Second, Third, Fourth and Fifth Respondents:	Aldermans Consultant Solicitors
Seventh Respondent appeared in person and on behalf of the Sixth Respondent
Date of Hearing:	20 August 1999
Date of Decision:	20 August 1999