Schepis v Osborne [2015] FCA 192

Schepis v Osborne [2015] FCA 192

The appellant was denied procedural fairness because she was given no reasonable opportunity to make submissions as to why the sequestration order ought to be set aside during the de novo review hearing; therefore, the judgment of the Federal Circuit Court must be set aside and the matter remitted for further hearing.

Parties
Appellant: Ashley Marie Schepis; First Respondent: Keith Robertson Osborne; Second Respondent: Nicholas John Satouris; Third Respondent: Andrew Michael Christopoulos
Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Procedural Fairness, Sequestration Orders, Bankruptcy Notice, Review of Registrar's Orders, Self Represented Litigant Requirements
Practice and Procedure Bankruptcy and Insolvency Procedural Fairness Sequestration Orders Bankruptcy Notice Review of Registrar's Orders Self Represented Litigant Requirements

Case Brief

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Parties

Ashley Marie Schepis

Appellant

Keith Robertson Osborne

First Respondent

Nicholas John Satouris

Second Respondent

Andrew Michael Christopoulos

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness at the hearing of her application for review of the sequestration order
  2. 2 Whether the hearing conducted by the Federal Circuit Court was a valid de novo review as required by law
  3. 3 Whether Ms Schepis was given reasonable opportunity to make submissions in support of her application

Ratio Decidendi

The appellant was denied procedural fairness because she was given no reasonable opportunity to make submissions as to why the sequestration order ought to be set aside during the de novo review hearing; therefore, the judgment of the Federal Circuit Court must be set aside and the matter remitted for further hearing.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The judgment of the Federal Circuit Court of Australia given on 19 February 2014 is set aside.