Maxwell-Smith v S & E Hall Pty Ltd [2002] FCAFC 198

The appeal was dismissed because the appellants were attempting to re-litigate matters already determined by the Consumer Claims Tribunal and courts of competent jurisdiction in New South Wales.

Parties: Appellant: Inge Maxwell-Smith; Appellant: Eugene Maxwell-Smith; Respondent: S & E Hall Pty Ltd
Jurisdiction: Australia
Judgment Date: 31 May 2002
Procedural Posture: Appeal / Judgment
Outcome: appeals dismissed
Legal Topics: Appeal Against Dismissal of Applications, Attempt to Re Litigate Determined Matters

Bankruptcy Civil Procedure Appeal Against Dismissal of Applications Attempt to Re Litigate Determined Matters

Case Brief

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Parties

Inge Maxwell-Smith

Appellant

Eugene Maxwell-Smith

Appellant

S & E Hall Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether appellants are entitled to re-litigate matters previously determined by Consumer Claims Tribunal and courts of competent jurisdiction
2 Whether bankruptcy notice dated 26 March 2001 should be set aside

Ratio Decidendi

The appeal was dismissed because the appellants were attempting to re-litigate matters already determined by the Consumer Claims Tribunal and courts of competent jurisdiction in New South Wales.

Court Disposition

appeals dismissed

Orders

The appeals are dismissed.
The appellants pay the costs of the respondent including reserved costs.