Fitzgerald v Fitzgerald [2020] FCA 1445
The material sought to be introduced was not so material that the interests of justice required its admission, nor would it most probably affect the result of the substantive application, especially given that no stay of execution or leave to appeal had been obtained concerning the cost certificate underpinning the bankruptcy notice.
- Jurisdiction
- Australia
- Judgment Date
- 08 September 2020
- Procedural Posture
- Interlocutory Application / Decision on Application for Leave to File and Rely Upon Affidavits After Decision Reserved
- Outcome
- Application dismissed
- Legal Topics
- ['affidavits' 'bankruptcy Notice' 'application to Reopen Case']
Case Brief
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Procedural Posture
Interlocutory Application / Decision on Application for Leave to File and Rely Upon Affidavits After Decision Reserved
Legal Issues
- 1 ['Whether leave should be granted to file and rely upon affidavits after decision reserved' 'Whether affidavits are sufficiently material to warrant reopening the case' 'Impact of steps taken to challenge cost assessment underlying bankruptcy notice']
Ratio Decidendi
The material sought to be introduced was not so material that the interests of justice required its admission, nor would it most probably affect the result of the substantive application, especially given that no stay of execution or leave to appeal had been obtained concerning the cost certificate underpinning the bankruptcy notice.
Court Disposition
Application dismissed
Orders
- ["The applicant's interlocutory application filed 17 July 2020 is dismissed." 'Costs are reserved.']
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