Burnett v Browne [2019] FCA 1233

Burnett v Browne [2019] FCA 1233

The appeal was dismissed because the notice of appeal was deficient and failed to identify any ground with reasonable prospects of success; the procedural and substantive complaints were either misconceived or not substantiated on the evidence and the application to dismiss the appeal was appropriate.

Parties
Appellant: Gail Burnett; Respondent: Roland Browne; Respondent: Anthony Fitzgerald
Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Appeal / Application to Dismiss Appeal
Outcome
appeal dismissed
Legal Topics
Deficient Notice of Appeal, No Reasonable Prospects of Success, Costs Order, Solvency, Dismissal of Appeal
Practice and Procedure Bankruptcy and Insolvency Deficient Notice of Appeal No Reasonable Prospects of Success Costs Order Solvency Dismissal of Appeal

Case Brief

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Parties

Gail Burnett

Appellant

Roland Browne

Respondent

Anthony Fitzgerald

Respondent

Procedural Posture

Appeal / Application to Dismiss Appeal

Legal Issues

  1. 1 Whether the notice of appeal was sufficiently particularised to comply with the Federal Court Rules 2011 (Cth)
  2. 2 Whether any grounds of appeal raised reasonable prospects of success
  3. 3 Whether the Bankruptcy Notice was defective

Ratio Decidendi

The appeal was dismissed because the notice of appeal was deficient and failed to identify any ground with reasonable prospects of success; the procedural and substantive complaints were either misconceived or not substantiated on the evidence and the application to dismiss the appeal was appropriate.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The respondents' costs on appeal be taxed and paid out of the estate of the appellant in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth).