Sheahan v Cooper [1999] FCA 1260

The Court declined to make any order on the motion to set aside the warrant as it was issued pursuant to a Court order, had been executed, and there was no power or utility in setting it aside.

Jurisdiction: Australia
Judgment Date: 20 August 1999
Procedural Posture: Motion / Post Final Order
Outcome: No order made on the motion; no order as to costs.
Legal Topics: ['setting Aside Warrant' 'court Jurisdiction']

['bankruptcy'] ['setting Aside Warrant' 'court Jurisdiction']

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Procedural Posture

Motion / Post Final Order

Legal Issues

1 ['Whether warrant issued by Registrar on 5 May 1999 should be set aside for lack of jurisdiction' 'Whether Court has power to set aside an executed warrant']

Ratio Decidendi

The Court declined to make any order on the motion to set aside the warrant as it was issued pursuant to a Court order, had been executed, and there was no power or utility in setting it aside.

Court Disposition

No order made on the motion; no order as to costs.

Orders

['No order is made on the notice of motion to set aside the warrant.' 'No order as to the costs of the motion.']