Lindon, L.J. v Kerr, J.D.C. & Ors [1995] FCA 402

Lindon, L.J. v Kerr, J.D.C. & Ors [1995] FCA 402

There are no exceptional circumstances justifying an injunction to restrain instituting bankruptcy proceedings; the issues raised by the appellant may be argued in any subsequent bankruptcy proceedings, which are the proper forum for such arguments; international law and principles of equity do not provide a defence to enforcement of costs orders in these circumstances unless incorporated into domestic law.

Parties
Appellant: Leonard John Lindon; First Respondent: Hon J.D.C. Kerr MP - Minister for Justice; Second Respondent: Hon M.H. Lavarch MP - Attorney General; Third Respondent: Michael Rozenes QC - DPP; Fourth Respondent: Ashley Heath; Fifth Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
16 June 1995
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Injunctions, Bankruptcy Proceedings, Enforcement of Costs Orders, International Law and Domestic Law, Human Rights
Practice and Procedure Injunctions Bankruptcy Proceedings Enforcement of Costs Orders International Law and Domestic Law Human Rights

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 3 Authorities cited 18 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Leonard John Lindon

Appellant

Hon J.D.C. Kerr MP - Minister for Justice

First Respondent

Hon M.H. Lavarch MP - Attorney General

Second Respondent

Michael Rozenes QC - DPP

Third Respondent

Ashley Heath

Fourth Respondent

Commonwealth of Australia

Fifth Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether an injunction should issue to restrain the respondents from instituting bankruptcy proceedings against the appellant for outstanding costs
  2. 2 Whether exceptional circumstances exist to justify restraining bankruptcy proceedings
  3. 3 Whether international law or principles of equity prevent enforcement of costs orders in these circumstances

Ratio Decidendi

There are no exceptional circumstances justifying an injunction to restrain instituting bankruptcy proceedings; the issues raised by the appellant may be argued in any subsequent bankruptcy proceedings, which are the proper forum for such arguments; international law and principles of equity do not provide a defence to enforcement of costs orders in these circumstances unless incorporated into domestic law.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the respondents.