Rahman v Lombe [2018] FCA 457

Rahman v Lombe [2018] FCA 457

Mr Rahman required leave to appeal from the relevant Federal Circuit Court orders, including interlocutory orders and an order affecting a non-party, and leave should not be granted because his submissions disclosed no merit, no doubt about the correctness of the orders, and no reason to doubt the Federal Circuit Court's bankruptcy jurisdiction; accordingly, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
05 April 2018
Procedural Posture
Bankruptcy Appeal From the Federal Circuit Court of Australia / Application for Leave to Appeal and Appeal
Outcome
Leave to appeal denied; appeal dismissed.
Legal Topics
['leave to Appeal' 'interlocutory Judgment' 'competency of Appeal' 'bankruptcy Trustee Application Under S 146' 'federal Jurisdiction']
['bankruptcy and Insolvency' 'appellate Procedure'] ['leave to Appeal' 'interlocutory Judgment' 'competency of Appeal' 'bankruptcy Trustee Application Under S 146' 'federal Jurisdiction']

Case Brief

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Procedural Posture

Bankruptcy Appeal From the Federal Circuit Court of Australia / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether Mr Rahman required leave to appeal from the Federal Circuit Court orders.' 'Whether the Federal Circuit Court judgment was attended by sufficient doubt to warrant reconsideration on appeal.' 'Whether the Federal Circuit Court had jurisdiction to make orders under s 146 of the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

Mr Rahman required leave to appeal from the relevant Federal Circuit Court orders, including interlocutory orders and an order affecting a non-party, and leave should not be granted because his submissions disclosed no merit, no doubt about the correctness of the orders, and no reason to doubt the Federal Circuit Court's bankruptcy jurisdiction; accordingly, the appeal was dismissed.

Court Disposition

Leave to appeal denied; appeal dismissed.

Orders

  • ['The appeal be dismissed.']