Worchild v The Drink Nightclub (Qld) Pty Ltd & Anor

[2006] HCATrans 223

[2006] HCATrans 223

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B105 of 2005

B e t w e e n -

ANDREW WORCHILD

Applicant

and

THE DRINK NIGHTCLUB (QLD) PTY LTD

First Respondent

BILL CROSS

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 10 MAY 2006, AT 9.25 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant was served with a bankruptcy notice on 25 January 2005 in which the respondents were named as the creditor.  The notice was based upon an order of the Federal Court made on 26 November 2004 pursuant to O 62 r 45(3) of the Federal Court Rules, requiring that the applicant pay the sum of $24,000 to the respondents.  That order was made following taxation of the respondents’ costs in proceedings between the present applicant and respondents.  In those proceedings the applicant’s claims of misleading and deceptive conduct against the respondents were dismissed with costs by Cooper J.

A Deputy District Registrar of the Federal Court dismissed the applicant’s application to set aside the bankruptcy notice and an application for review of that decision was dismissed by Dowsett J.  An appeal to the Full Court of the Federal Court (Kiefel, Jacobson and Greenwood JJ) was dismissed.  Each of the Deputy District Registrar, Dowsett J and the Full Court rejected contentions that defects or irregularities in the bankruptcy notice resulted in its invalidity.

The applicant’s written case essentially repeats the claims rejected in the Full Court of the Federal Court.  Those claims were and are bound to fail.  There would be no prospect of success on any appeal to this Court from the Full 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 the disposition signed by Heydon J and myself.

AT 9.27 AM THE MATTER WAS CONCLUDED