Re Temple, N.P. [1987] FCA 30

Re Temple, N.P. [1987] FCA 30

No relevant error of law was demonstrated in the arbitrator’s award or in the default judgment; the applicant's share of profits was to be determined by the profit and loss statements at face value in the absence of bad faith, and failure to deal with the matter of costs did not vitiate the award.

Parties
Applicant: Neville Patrick Temple; Judgment Creditor: Mr. Wily
Jurisdiction
Australia
Judgment Date
05 February 1987
Procedural Posture
Bankruptcy / Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed; time for compliance with bankruptcy notice extended; applicant to pay judgment creditor's costs.
Legal Topics
Setting Aside Bankruptcy Notices, Review of Arbitral Awards, Enforcement of Judgments
Bankruptcy Arbitration Setting Aside Bankruptcy Notices Review of Arbitral Awards Enforcement of Judgments

Case Brief

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Parties

Neville Patrick Temple

Applicant

Mr. Wily

Judgment Creditor

Procedural Posture

Bankruptcy / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the bankruptcy notice should be set aside based on alleged errors of law in the arbitration award
  2. 2 Whether the court should go behind a default judgment based on the alleged errors of law in the arbitration award
  3. 3 Effect of arbitrator not addressing costs in the award

Ratio Decidendi

No relevant error of law was demonstrated in the arbitrator’s award or in the default judgment; the applicant's share of profits was to be determined by the profit and loss statements at face value in the absence of bad faith, and failure to deal with the matter of costs did not vitiate the award.

Court Disposition

Application dismissed; time for compliance with bankruptcy notice extended; applicant to pay judgment creditor's costs.

Orders

  • The application by the debtor, Mr. Neville Patrick Temple, to set aside bankruptcy notice No. 4535 of 1986 is dismissed.
  • The time for compliance with such notice is extended for a period of 14 days.