Horvath v Pattison [1999] FCA 1388

Horvath v Pattison [1999] FCA 1388

The applications for leave were refused because no new issues were raised; the infancy defence does not avail the applicants and the proposed offences under the Bankruptcy Act cannot be made out based on the particulars alleged.

Jurisdiction
Australia
Judgment Date
30 September 1999
Procedural Posture
Applications for Leave to Institute Proceedings / Judgment on Leave Applications
Outcome
applications refused
Legal Topics
['leave to Institute Proceedings' 'proof of Debt' 'expungement of Debt' 'offences Under Bankruptcy Act']
['bankruptcy'] ['leave to Institute Proceedings' 'proof of Debt' 'expungement of Debt' 'offences Under Bankruptcy Act']

Case Brief

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Procedural Posture

Applications for Leave to Institute Proceedings / Judgment on Leave Applications

Legal Issues

  1. 1 ['Whether the applicants may obtain leave to institute proceedings against their trustee in bankruptcy and the Commonwealth Bank of Australia.' 'Whether the proof of debt by the Commonwealth Bank should be expunged based on infancy defence.' 'Whether leave should be granted to bring proceedings for alleged offences under Bankruptcy Act 1966 (s 263A, s 263B, s 263) against bank officers and trustee.']

Ratio Decidendi

The applications for leave were refused because no new issues were raised; the infancy defence does not avail the applicants and the proposed offences under the Bankruptcy Act cannot be made out based on the particulars alleged.

Court Disposition

applications refused

Orders

  • ['The application in V 520 of 1999 is refused.' 'The application in V 531 of 1999 is refused.']