Goldberg v Morrow [2004] FCA 1490

Goldberg v Morrow [2004] FCA 1490

The appeal failed because no denial of natural justice or procedural unfairness was established, the affidavits relied on were routine and uncontentious, and no error was shown in the Federal Magistrate's discretionary refusal to adjourn or in his other rulings.

Jurisdiction
Australia
Judgment Date
19 November 2004
Procedural Posture
Appeal / Judgment on Appeal From a Sequestration Order Made by the Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
['sequestration Order' 'natural Justice' 'procedural Fairness' 'appeals From Federal Magistrates Court']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'natural Justice' 'procedural Fairness' 'appeals From Federal Magistrates Court']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From a Sequestration Order Made by the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the appellant was denied natural justice in the bankruptcy proceeding' 'Whether the original costs order could be the basis for a bankruptcy notice' 'Whether the Federal Magistrate erred by refusing an adjournment']

Ratio Decidendi

The appeal failed because no denial of natural justice or procedural unfairness was established, the affidavits relied on were routine and uncontentious, and no error was shown in the Federal Magistrate's discretionary refusal to adjourn or in his other rulings.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]