Zhao v Goodman

[2011] FCA 1438

FEDERAL COURT OF AUSTRALIA

Zhao v Goodman [2011] FCA 1438

Citation:		Zhao v Goodman [2011] FCA 1438
Appeal from:		Zhao v Goodman [2011] FMCA 518; Goodman v Zhao [2011] FMCA 578
Parties:		YAN SHOU ZHAO v MARLA SHOSHANA GOODMAN
File number(s):		NSD 1070 of 2011 NSD 1332 of 2011
Judge:		NICHOLAS J
Date of judgment:		25 November 2011
Cases cited:		Henderson v Henderson (1843) 3 Hare 100; (1843) 67 ER 313 Fox v Percy (2003) 214 CLR 118 Port of Melbourne Authority and Anshun Pty Ltd (1981) 147 CLR 589 Zhao v Goodman & Anor [2010] NSWCA 2
Date of hearing:	25 November 2011
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	20
Counsel for the Appellant:	The Appellant appeared in person
Counsel for the Respondent:	Mr S Ahmed
Solicitor for the Respondent:	Mills Oakley Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1070 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	YAN SHOU ZHAO Appellant
AND:	MARLA SHOSHANA GOODMAN Respondent

JUDGE:	NICHOLAS J
DATE OF ORDER:	25 NOVEMBER 2011
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s 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 1332 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	YAN SHOU ZHAO Appellant
AND:	MARLA SHOSHANA GOODMAN Respondent

JUDGE:	NICHOLAS J
DATE OF ORDER:	25 NOVEMBER 2011
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s 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 1070 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	YAN SHOU ZHAO Appellant
AND:	MARLA SHOSHANA GOODMAN Respondent

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1332 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	YAN SHOU ZHAO Appellant
AND:	MARLA SHOSHANA GOODMAN Respondent

JUDGE:	NICHOLAS J
DATE:	25 NOVEMBER 2011
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(Revised from Transcript)

1. There are two appeals before me.  The first is an appeal against orders made by Lloyd-Jones FM on 8 July 2011 dismissing the appellant’s application for a review of a registrar’s decision made on 17 May 2011 refusing to set aside a bankruptcy notice directed to the appellant.

2. The second appeal is against a sequestration order made by Driver FM on 28 July 2011 against the appellant’s estate.  The two appeals have been listed to be heard together.  The appellant, who is self-represented, appeared before me today.  He also appeared on his own behalf before Lloyd Jones FM and Driver FM. 

3. To understand the issues raised in these appeals it is…