Goldberg v Morrow [2005] FCA 1038

Goldberg v Morrow [2005] FCA 1038

The appellant's grounds were not made out because the costs order was final and enforceable; there was no appeal or stay in respect of the order; no satisfactory evidence showed natural justice or procedural fairness was denied; no set-off or counter-claim was established.

Parties
Applicant: David Goldberg; Respondent: David Morrow
Jurisdiction
Australia
Judgment Date
28 July 2005
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Bankruptcy Notice, Finality of Costs Order, Natural Justice, Set Off and Counter Claim
Bankruptcy Civil Procedure Bankruptcy Notice Finality of Costs Order Natural Justice Set Off and Counter Claim

Case Brief

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Parties

David Goldberg

Applicant

David Morrow

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether copy of judgment was attached to bankruptcy notice when served
  2. 2 Whether any appeal was pending against the costs order forming the basis of the bankruptcy notice
  3. 3 Whether any set-off or counter-claim existed against the judgment debt

Ratio Decidendi

The appellant's grounds were not made out because the costs order was final and enforceable; there was no appeal or stay in respect of the order; no satisfactory evidence showed natural justice or procedural fairness was denied; no set-off or counter-claim was established.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.