Re Huston, R.D. & Anor v. Ex parte Kendall, McAdam & O'Dwyer [1985] FCA 634

Re Huston, R.D. & Anor v. Ex parte Kendall, McAdam & O'Dwyer [1985] FCA 634

The late discovery of the computer print-outs, the judgment debtors' lack of appreciation of their significance, and the alleged lack of clarity in the District Court evidence did not justify going behind a judgment after trial by a competent court where no appeal had been brought, particularly because the judgment debtors had chosen not to seek an adjournment at the trial.

Jurisdiction
Australia
Judgment Date
11 December 1985
Procedural Posture
Application to Set Aside Bankruptcy Notice / Ex Tempore Reasons for Judgment
Outcome
Application dismissed.
Legal Topics
['bankruptcy Notice' 'going Behind Judgment' 'late Discovery' 'adjournment' 'costs']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'going Behind Judgment' 'late Discovery' 'adjournment' 'costs']

Case Brief

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Procedural Posture

Application to Set Aside Bankruptcy Notice / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether bankruptcy notice No. 2129 of 1985 should be set aside by going behind the District Court judgment.' "Whether late discovery of computer print-outs and the judgment debtors' failure to appreciate their significance justified reopening or relitigating the judgment debt." 'Whether sufficient compliance with the bankruptcy notice could be made by payment of $2957.17.']

Ratio Decidendi

The late discovery of the computer print-outs, the judgment debtors' lack of appreciation of their significance, and the alleged lack of clarity in the District Court evidence did not justify going behind a judgment after trial by a competent court where no appeal had been brought, particularly because the judgment debtors had chosen not to seek an adjournment at the trial.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The costs of and incidental to this application, including reserved costs, be taxed and paid by the applicant judgment debtors to the respondent firm.' 'By consent, the time for compliance with the bankruptcy notice be extended until 5 p.m. on Friday, 13 December 1985.']