FEDERAL COURT OF AUSTRALIA
Yap v Granich & Associates [2001] FCA 799
BANKRUTPCY – application for annulment – allegations of fraud in prior proceedings on which act of bankruptcy based – whether application precluded by doctrines of res judicata, issue estoppel or Anshun estoppel – whether any fresh evidence of fraud
Bankruptcy Act 1966 (Cth) s 153B
Miles v The Shell Co of Australia (Sundberg J, 9 June 1998, unreported) cited
Wren v Mahony (1972) 126 CLR 212 cited
Arnold v National Westminster Bank plc [1991] 2 AC 93 cited
Tiufino v Warland [2000] 50 NSWLR 104 cited
Pollnow v Armstrong [2000] NSWCA 245 cited
Jackson v Goldsmith (1950) 81 CLR 446 cited
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited
Trawl Industries of Australia Pty Ltd (in liq) v Effem Foods Pty Ltd (1992) 36 FCR 406 citedMacquarie Bank Ltd v National Mutual Life Assn of Australasia Ltd (1996) 40 NSWLR 543 cited
Onerati v Phillips Construction Pty Ltd (in liq) (1989) 16 NSWLR 730 cited
Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 citedMaganja v Arthur [1984] 3 NSWLR 561 cited
Brunsden v Humphrey (1884) 14 QBD 141 at 148; [1881 – 85] All ER Rep 357 cited
Van Amstel v Country Roads Board [1961] VR 780 citedBlair v Curran (1939) 62 CLR 464 cited
Queensland Trustees Ltd v Cmr of Stamp Duties (Qld) (1956) 96 CLR 131 cited
Ramsay v Pigram (1968) 118 CLR 271 cited
Egri v DRG Australia Ltd (1988) 19 NSWLR 600 cited
Heid v Connell Investments Pty Ltd (1989) 16 NSWLR 629 cited
O’Donel v Cmr for Road Transport and Tramways (NSW) (1938) 59 CLR 744 cited
New Brunswick Railway Co v British and French Trust Corp Ltd [1939] AC 1 cited
Henderson v Henderson [1843 – 60] All ER Rep 378 cited
Ebber v Isager [1995] 1 Qd R 150 cited
Duchess of Kingston’s Case [1775] All ER Rep 263 cited
Meddowcroft v Huguenin (1844) 4 Moo PCC 386 cited
Perry v Meddowcroft (1846) 10 Beav 122; 50 ER 529 cited
Weaver v Law Society of New South Wales (1979) 142 CLR 201 cited
Director of Public Prosecutions v Humphrys [1977] AC 1 cited
Bourke v Beneficial Finance (1993) 124 ALR 716 referred to
Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 citedYAP CHENG SEE v GRANICH & ASSOCIATES
W 7089 of 2000RD NICHOLSON J
28 JUNE 2001
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 7089 of 2000
BETWEEN:
YAP CHENG SEE
APPLICANTAND:
GRANICH & ASSOCIATES
RESPONDENTJUDGE:
RD NICHOLSON J
DATE OF ORDER:
28 JUNE 2001
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The respondent’s motion dated 17 November 2000 be granted.
2.The applicant’s application for annulment of her bankruptcy be struck…
Continue reading Yap v Granich & Associates
Sign in free to access the full text
- AGLC
- Yap v Granich & Associates [2001] FCA 799
- Case
- [2001] FCA 799
- Decision Date
CaseChat Overview and Summary
The court found that Yap did not provide sufficient evidence to demonstrate that the concealment of the transcript from her resulted in the prior judgment being obtained fraudulently. The judge concluded that there was no basis for the court to look behind the judgments from the prior proceedings. The court reasoned that without evidence of fraud, the failure to provide the transcript did not warrant annulment of the bankruptcy order. Consequently, the application to annul the bankruptcy order was dismissed.
The orders of the court included granting the respondent’s motion, striking out Yap’s application for annulment of her bankruptcy, and requiring Yap to pay the respondent’s costs of the application. These orders reflected the court’s determination that Yap’s application lacked merit and that the bankruptcy order should stand.
Orders
Orders of the court
1. The respondent’s motion dated 17 November 2000 be granted.
2. The applicant’s application for annulment of her bankruptcy be struck out.
3. The applicant pay the respondent’s costs of the application.
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.