Williams v Commonwealth of Australia [2000] FCA 800

Williams v Commonwealth of Australia [2000] FCA 800

The application to set aside the bankruptcy notice was dismissed because the High Court applications on which Ms Williams relied were very unlikely to succeed: the proposed appeal from the Full Court decision concerning Branson J's costs order raised factual issues already before Branson J and the Full Court, raised no question of general principle, and had no reasonable prospect of establishing error. The Court nevertheless extended time for compliance with the bankruptcy notice until 5.00 pm on 13 June 2000.

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Application to Set Aside Bankruptcy Notice / Hearing and Determination of Application
Outcome
Application dismissed; applicant ordered to pay respondents' costs; time for compliance with bankruptcy notice extended until 5.00 pm on 13 June 2000.
Legal Topics
['bankruptcy Notice' 'extension of Time for Compliance' 'special Leave to Appeal' 'costs Order' 'abuse of Process']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'extension of Time for Compliance' 'special Leave to Appeal' 'costs Order' 'abuse of Process']

Case Brief

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Procedural Posture

Application to Set Aside Bankruptcy Notice / Hearing and Determination of Application

Legal Issues

  1. 1 ['Whether bankruptcy notice NN 622 of 2000 should be set aside.' 'Whether the time for compliance with bankruptcy notice NN 622 of 2000 should be further extended pending High Court applications.' "Whether Ms Williams' High Court applications had sufficient prospects to justify relief in relation to the bankruptcy notice." 'Whether a further sequestration order would prevent Ms Williams from pursuing her High Court applications.']

Ratio Decidendi

The application to set aside the bankruptcy notice was dismissed because the High Court applications on which Ms Williams relied were very unlikely to succeed: the proposed appeal from the Full Court decision concerning Branson J's costs order raised factual issues already before Branson J and the Full Court, raised no question of general principle, and had no reasonable prospect of establishing error. The Court nevertheless extended time for compliance with the bankruptcy notice until 5.00 pm on 13 June 2000.

Court Disposition

Application dismissed; applicant ordered to pay respondents' costs; time for compliance with bankruptcy notice extended until 5.00 pm on 13 June 2000.

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs." 'The time for compliance with bankruptcy notice NN 622 of 2000 be extended until 5.00 pm on 13 June 2000.']