McKinnon v Pattison (No 2) [2010] FCA 1315

McKinnon v Pattison (No 2) [2010] FCA 1315

There was no appealable error in the Federal Magistrate's orders requiring the appellants to file statements of affairs nor in issuing warrants for arrest for non-compliance; the Magistrate acted within powers granted by the Bankruptcy Act, and the appellants failed to comply with valid court orders.

Jurisdiction
Australia
Judgment Date
29 November 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['filing of Statement of Affairs' 'warrants for Arrest' 'exercise of Discretion' "appeal From Federal Magistrate's Orders"]
['bankruptcy'] ['filing of Statement of Affairs' 'warrants for Arrest' 'exercise of Discretion' "appeal From Federal Magistrate's Orders"]

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in making orders requiring the appellants to file statements of affairs' 'Whether the Federal Magistrate erred in issuing warrants for arrest and committal for failure to comply with orders']

Ratio Decidendi

There was no appealable error in the Federal Magistrate's orders requiring the appellants to file statements of affairs nor in issuing warrants for arrest for non-compliance; the Magistrate acted within powers granted by the Bankruptcy Act, and the appellants failed to comply with valid court orders.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The costs of the appeal be the trustee's costs in the administration of the appellants' bankruptcies."]