Maher v Commonwealth Bank of Australia Ltd ACN 123 123 124 [2008] FCA 773

Maher v Commonwealth Bank of Australia Ltd ACN 123 123 124 [2008] FCA 773

The Federal Magistrate's order was interlocutory and the discretion was not miscarried; no sufficient doubt or substantial injustice warranted the grant of leave to appeal.

Parties
Applicant: Dennis Maher; First Respondent: Commonwealth Bank of Australia Ltd ACN 123 123 124; Second Respondent: Greg Firth; Third Respondent: Gray & Johnson (A Firm)
Jurisdiction
Australia
Judgment Date
26 May 2008
Procedural Posture
Appeal / Application for Leave to Appeal From Federal Magistrates Court Order
Outcome
application for leave to appeal dismissed with costs
Legal Topics
Creditor's Petition, Sequestration Order, Appeal, Interlocutory Orders
Bankruptcy Creditor's Petition Sequestration Order Appeal Interlocutory Orders

Case Brief

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Parties

Dennis Maher

Applicant

Commonwealth Bank of Australia Ltd ACN 123 123 124

First Respondent

Greg Firth

Second Respondent

Gray & Johnson (A Firm)

Third Respondent

Procedural Posture

Appeal / Application for Leave to Appeal From Federal Magistrates Court Order

Legal Issues

  1. 1 Whether the order of the Federal Magistrates Court was interlocutory
  2. 2 Whether leave to appeal should be granted under Federal Court Act s 25
  3. 3 Whether the Federal Magistrate's discretion miscarried

Ratio Decidendi

The Federal Magistrate's order was interlocutory and the discretion was not miscarried; no sufficient doubt or substantial injustice warranted the grant of leave to appeal.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • The application for leave to appeal be dismissed with costs, including reserved costs.