Horvath, Gabor & Anor v Pattison, Paul A [1998] FCA 28

Horvath, Gabor & Anor v Pattison, Paul A [1998] FCA 28

The application was dismissed because the applicants were not appealing any decision of the trustee in bankruptcy, Mr Horvath had no standing as a bankrupt to seek to set aside the Supreme Court judgment, any such course was for the trustee subject to s 178 of the Bankruptcy Act 1966 (Cth), and the Federal Court lacked jurisdiction or power to grant the requested leave in relation to Supreme Court proceedings or to avoid the Supreme Court's filing restriction order.

Jurisdiction
Australia
Judgment Date
22 January 1998
Procedural Posture
Bankruptcy Application Said to Be by Way of Appeal From a Decision of the Trustee in Bankruptcy / Application for Leave to File a Summons in the Supreme Court of Victoria Heard and Dismissed
Outcome
Application dismissed.
Legal Topics
['standing of Bankrupt' 'trustee in Bankruptcy' 'setting Aside Judgment' 'leave to File Summons in Supreme Court' 'federal Court Jurisdiction']
['bankruptcy' 'civil Procedure'] ['standing of Bankrupt' 'trustee in Bankruptcy' 'setting Aside Judgment' 'leave to File Summons in Supreme Court' 'federal Court Jurisdiction']

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Procedural Posture

Bankruptcy Application Said to Be by Way of Appeal From a Decision of the Trustee in Bankruptcy / Application for Leave to File a Summons in the Supreme Court of Victoria Heard and Dismissed

Legal Issues

  1. 1 ['Whether Mr and Mrs Horvath were seeking to appeal any decision of their trustee in bankruptcy.' 'Whether a bankrupt has standing to apply in the Supreme Court of Victoria to set aside a judgment obtained against the bankrupt.' 'Whether the trustee in bankruptcy must decide whether such an application should be made, subject to an application under s 178 of the Bankruptcy Act 1966 (Cth).' 'Whether the Federal Court had jurisdiction or power to grant leave to file a summons in the Supreme Court or to overcome an order of the Supreme Court restricting filings.']

Ratio Decidendi

The application was dismissed because the applicants were not appealing any decision of the trustee in bankruptcy, Mr Horvath had no standing as a bankrupt to seek to set aside the Supreme Court judgment, any such course was for the trustee subject to s 178 of the Bankruptcy Act 1966 (Cth), and the Federal Court lacked jurisdiction or power to grant the requested leave in relation to Supreme Court proceedings or to avoid the Supreme Court's filing restriction order.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' "The respondent's costs of the application be costs in the administration of the bankrupt estates of Gabor Horvath and Agota Horvath."]