Ray v Perrett [2007] FCA 1672

Ray v Perrett [2007] FCA 1672

None of the questions identified in the Amended Notice of Motion are questions of fact within the meaning of s 30(3) of the Bankruptcy Act 1966 (Cth) and the application for a jury trial is wholly without merit; the discretion to order a jury trial is therefore not exercised.

Jurisdiction
Australia
Judgment Date
26 October 2007
Procedural Posture
Application (motion) Within Bankruptcy Proceeding / Determination of Motion to Have Questions Tried by Jury
Outcome
Amended Notice of Motion dismissed; indemnity costs awarded to applicant
Legal Topics
['trial by Jury' 'procedural Motions' 'federal Jurisdiction']
['bankruptcy'] ['trial by Jury' 'procedural Motions' 'federal Jurisdiction']

Case Brief

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Procedural Posture

Application (motion) Within Bankruptcy Proceeding / Determination of Motion to Have Questions Tried by Jury

Legal Issues

  1. 1 ['Whether questions identified in the Amended Notice of Motion are questions of fact to be tried by jury under s 30(3) of the Bankruptcy Act 1966 (Cth)' 'Whether the Federal Court should exercise discretion to order a jury trial on the identified questions']

Ratio Decidendi

None of the questions identified in the Amended Notice of Motion are questions of fact within the meaning of s 30(3) of the Bankruptcy Act 1966 (Cth) and the application for a jury trial is wholly without merit; the discretion to order a jury trial is therefore not exercised.

Court Disposition

Amended Notice of Motion dismissed; indemnity costs awarded to applicant

Orders

  • ['The Amended Notice of Motion filed 16 October 2007 is dismissed.' "The respondent (applicant in the motion) to pay the applicant's (respondent in the motion) costs on an indemnity basis."]