Re Hedditch, Noel Wynyard Ex Parte Dunn, R G [1984] FCA 496

Re Hedditch, Noel Wynyard Ex Parte Dunn, R G [1984] FCA 496

Preliminary rulings were given upholding objections to the admissibility of hearsay material and certain annexures, but overruling objections where the evidence is not admitted as to the truth of its content, with final admissibility and weight reserved for the substantive hearing.

Parties
Debtor: Noel Wynvard Hedditch; Applicant/trustee: R.G. Dunn
Jurisdiction
Australia
Judgment Date
08 March 1984
Procedural Posture
Application to Set Aside Deed of Assignment / Preliminary Rulings on Evidence
Outcome
Preliminary evidentiary objections upheld in part and overruled in part; no final orders on substantive application.
Legal Topics
Admissibility of Evidence, Setting Aside Deed of Assignment, Bankruptcy Act S 222(4)
Bankruptcy Admissibility of Evidence Setting Aside Deed of Assignment Bankruptcy Act S 222(4)

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Parties

Noel Wynvard Hedditch

Debtor

R.G. Dunn

Applicant/trustee

Procedural Posture

Application to Set Aside Deed of Assignment / Preliminary Rulings on Evidence

Legal Issues

  1. 1 Whether specific parts of the affidavit and annexures are admissible as evidence in the application to set aside a deed of assignment under s 222(4) of the Bankruptcy Act

Ratio Decidendi

Preliminary rulings were given upholding objections to the admissibility of hearsay material and certain annexures, but overruling objections where the evidence is not admitted as to the truth of its content, with final admissibility and weight reserved for the substantive hearing.

Court Disposition

Preliminary evidentiary objections upheld in part and overruled in part; no final orders on substantive application.