Wilson v Official Trustee in Bankruptcy [2000] FCA 529

The application was dismissed because the Court was not satisfied there was any doubt in the Full Court's treatment of Mr Farthing's evidence, and prospects of success in the special leave application were remote.

Jurisdiction: Australia
Judgment Date: 07 April 2000
Procedural Posture: Application for Injunctive Relief / Ex Tempore Judgment Dismissing Application
Outcome: application dismissed
Legal Topics: ['injunctive Relief' 'fresh Evidence' 'abuse of Process' 'costs']

['bankruptcy'] ['injunctive Relief' 'fresh Evidence' 'abuse of Process' 'costs']

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Procedural Posture

Application for Injunctive Relief / Ex Tempore Judgment Dismissing Application

Legal Issues

1 ['Whether injunctive relief should restrain the Official Trustee from dealing with the estates pending consideration of a special leave application to the High Court' "Whether fresh evidence (Mr Farthing) warranted re-opening Sweeney J's judgment" 'Whether the amount due to Welona Pty Ltd was properly determined']

Ratio Decidendi

Court Disposition

application dismissed

Orders

['The application is dismissed.' "The applicants pay the first respondent's costs."]