Inspector General in Bankruptcy v Bradshaw [2006] FCA 22

Inspector General in Bankruptcy v Bradshaw [2006] FCA 22

Leave to re-open the applicants' case to adduce evidence quantifying loss was refused because the applicants made a deliberate tactical choice not to lead such evidence at the first hearing, led the respondents to so believe, and the finality of litigation and corresponding prejudice to respondents weighed against allowing re-opening; the interests of justice did not favour the applicants.

Jurisdiction
Australia
Judgment Date
31 January 2006
Procedural Posture
Bankruptcy Application / Judgment Following Application to Re Open Case
Outcome
Application to re-open refused; declarations as to breach of bond made; application otherwise dismissed.
Legal Topics
['application to Re Open Case' 'quantification of Loss' 'breach of Bond' 'finality of Litigation' 'election Between Rights']
['bankruptcy' 'civil Procedure'] ['application to Re Open Case' 'quantification of Loss' 'breach of Bond' 'finality of Litigation' 'election Between Rights']

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Procedural Posture

Bankruptcy Application / Judgment Following Application to Re Open Case

Legal Issues

  1. 1 ['Whether applicants should be granted leave to re-open their case to adduce evidence quantifying loss' 'Whether the applicants made an election between alternative and inconsistent rights' 'Whether the principle of finality of litigation precludes the applicants from re-opening the case' 'Whether the applicants are entitled to recover loss not previously quantified' 'Whether prosecution and investigative costs are recoverable under the bond']

Ratio Decidendi

Leave to re-open the applicants' case to adduce evidence quantifying loss was refused because the applicants made a deliberate tactical choice not to lead such evidence at the first hearing, led the respondents to so believe, and the finality of litigation and corresponding prejudice to respondents weighed against allowing re-opening; the interests of justice did not favour the applicants.

Court Disposition

Application to re-open refused; declarations as to breach of bond made; application otherwise dismissed.

Orders

  • ["The application to re-open the applicants' case be refused." 'Declaration that the condition of the bond entered into by the First Respondent under section 155 of the Bankruptcy Act 1966 (Cth) has been contravened.' 'Declaration that the condition of the bond entered into by the Second Respondent as surety for the...