In the matter of Skyring [2004] FCA 827
The applicant's argument has no substance as the validity of the issue of bank notes as legal tender is settled, and leave to proceed is refused as the point is unarguable.
- Parties
- Applicant: Alan George Skyring
- Jurisdiction
- Australia
- Judgment Date
- 16 June 2004
- Procedural Posture
- Bankruptcy / Application for Leave to Commence Proceedings
- Outcome
- applications dismissed
- Legal Topics
- Vexatious Litigant, Annulment of Bankruptcy, Removal of Trustee, Validity of Banknotes as Legal Tender
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 1
Parties
Alan George Skyring
Applicant
Procedural Posture
Bankruptcy / Application for Leave to Commence Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to commence proceedings to annul bankruptcy
- 2 Whether the applicant should be granted leave to apply for removal of trustee
- 3 Whether the issue of bank notes as legal tender under the Reserve Bank Act 1959 (Cth) is valid
Ratio Decidendi
The applicant's argument has no substance as the validity of the issue of bank notes as legal tender is settled, and leave to proceed is refused as the point is unarguable.
Court Disposition
applications dismissed
Orders
- The notice of motion filed 8 June 2004 be dismissed.
- The notice of motion filed 15 June 2004 be dismissed.
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