Coshott v Prentice, in the matter of Coshott [2016] FCA 702

Coshott v Prentice, in the matter of Coshott [2016] FCA 702

Where applications to set aside bankruptcy notices depend on purported deeds of assignment, and reasonable requests have been made to have applicants called as witnesses about the authenticity and admissibility of those deeds, and where refusal to call them is without reasonable cause, it is proper to order, under s 169(1)(b) of the Evidence Act 1995 (Cth), that the applicants call themselves and each other as witnesses at the resumed hearing.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Bankruptcy/interlocutory Application / Interlocutory (application to Compel Witnesses in Applications to Set Aside Bankruptcy Notices)
Outcome
Applications by the respondent under s 169(1)(b) of the Evidence Act 1995 (Cth) allowed in both proceedings.
Legal Topics
['orders to Call Witnesses' 'authenticity/admissibility of Documents' 'bankruptcy Notices' 'assignment of Debts']
['practice and Procedure' 'bankruptcy' 'evidence'] ['orders to Call Witnesses' 'authenticity/admissibility of Documents' 'bankruptcy Notices' 'assignment of Debts']

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Procedural Posture

Bankruptcy/interlocutory Application / Interlocutory (application to Compel Witnesses in Applications to Set Aside Bankruptcy Notices)

Legal Issues

  1. 1 ['Whether orders should be made under s 169(1)(b) of the Evidence Act 1995 (Cth) to compel applicants to give evidence about the authenticity/admissibility of deeds of assignment relied upon to set aside bankruptcy notices']

Ratio Decidendi

Where applications to set aside bankruptcy notices depend on purported deeds of assignment, and reasonable requests have been made to have applicants called as witnesses about the authenticity and admissibility of those deeds, and where refusal to call them is without reasonable cause, it is proper to order, under s 169(1)(b) of the Evidence Act 1995 (Cth), that the applicants call themselves and each other as witnesses at the resumed hearing.

Court Disposition

Applications by the respondent under s 169(1)(b) of the Evidence Act 1995 (Cth) allowed in both proceedings.

Orders

  • ['The application by the respondent under s 169(1)(b) of the Evidence Act 1995 (Cth) is allowed in both proceedings.' 'In NSD 258 of 2016, the applicant is ordered to call himself, James Coshott, and to call Ljiljana Coshott, as witnesses at the resumed hearing on 17 June 2016 of his application to set aside the...