Wilson v Condon [2013] FCA 184

The appeal was dismissed because the notice of appeal was embarrassing and vexatious, disclosed no possible basis upon which the appeal could succeed, and the appellant gave no sensible response to the respondent's application for summary dismissal.

Jurisdiction: Australia
Judgment Date: 06 February 2013
Procedural Posture: Appeal From Condon V Wilson [2012] FMCA 1069 / Directions Hearing; Respondent Applied for Summary Dismissal of the Appeal
Outcome: Appeal dismissed with costs.
Legal Topics: ['summary Dismissal of Appeal' 'vexatious Proceedings' 'jurisdiction Challenge' 'bankrupt Estate Dividends' 'statement of Affairs']

['bankruptcy' 'civil Procedure'] ['summary Dismissal of Appeal' 'vexatious Proceedings' 'jurisdiction Challenge' 'bankrupt Estate Dividends' 'statement of Affairs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal From Condon V Wilson [2012] FMCA 1069 / Directions Hearing; Respondent Applied for Summary Dismissal of the Appeal

Legal Issues

1 ["Whether the Federal Court had jurisdiction to deal with the appeal despite the appellant's challenge to the Court's authority." 'Whether the appeal should be summarily dismissed as embarrassing and vexatious and disclosing no possible basis for success.' "Whether the Federal Magistrates Court order concerning distribution of dividends in the appellant's bankrupt estate should be disturbed on appeal."]

Ratio Decidendi

Court Disposition

Appeal dismissed with costs.

Orders

['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]