Re Larkin, Gwendoline Mary Clark v Ex Parte The Official Trustee in Bankruptcy [1996] FCA 366

Re Larkin, Gwendoline Mary Clark v Ex Parte The Official Trustee in Bankruptcy [1996] FCA 366

The application to strike out the sequestration order could not succeed because it was materially no different from earlier applications for annulment of bankruptcy and relied on no significant new factual basis or material. Given the repeated attempts to re-agitate issues already determined, it was appropriate to restrain Mrs Larkin from making further applications in proceeding VB 2861 of 1992 without leave of the Court.

Jurisdiction
Australia
Judgment Date
14 May 1996
Procedural Posture
Bankruptcy Proceeding / Applications Heard and Determined on 15 May 1996
Outcome
Mrs Larkin's application dated 26 April 1996 was dismissed with costs. The Official Trustee's application was granted to the extent that Mrs Larkin was restrained from making further applications in proceeding VB 2861 of 1992 without leave of the Court, with no order as to costs on that application.
Legal Topics
['sequestration Order' 'abuse of Process' 'annulment of Bankruptcy' 'restraint on Further Applications Without Leave' 'costs']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'abuse of Process' 'annulment of Bankruptcy' 'restraint on Further Applications Without Leave' 'costs']

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Procedural Posture

Bankruptcy Proceeding / Applications Heard and Determined on 15 May 1996

Legal Issues

  1. 1 ['Whether the sequestration order made on 29 September 1992 should be struck out or set aside as an abuse of process.' 'Whether Mrs Larkin should be restrained from making further applications in proceeding numbered VB 2861 of 1992 without leave of the Court.']

Ratio Decidendi

The application to strike out the sequestration order could not succeed because it was materially no different from earlier applications for annulment of bankruptcy and relied on no significant new factual basis or material. Given the repeated attempts to re-agitate issues already determined, it was appropriate to restrain Mrs Larkin from making further applications in proceeding VB 2861 of 1992 without leave of the Court.

Court Disposition

Mrs Larkin's application dated 26 April 1996 was dismissed with costs. The Official Trustee's application was granted to the extent that Mrs Larkin was restrained from making further applications in proceeding VB 2861 of 1992 without leave of the Court, with no order as to costs on that application.

Orders

  • ['That the application dated 26 April 1996 be dismissed with costs.' 'That until further order the respondent be restrained from making any further applications in proceeding numbered VB 2861 of 1992 without leave of the Court.' "No order as to costs on the Official Trustee's application."]