Jensen v Queensland Law Society Inc [2004] FCA 661

Jensen v Queensland Law Society Inc [2004] FCA 661

The appellant failed to demonstrate that the evidence he sought to lead was fresh (previously unavailable) or relevant to the issue determined by the Magistrate. The Court declined to admit further evidence, as it would not have assisted the determination of whether the appellant was validly served with the bankruptcy notice.

Parties
Appellant: Peter Jensen; Respondent: Queensland Law Society Incorporated
Jurisdiction
Australia
Judgment Date
27 April 2004
Procedural Posture
Appeal / Application to Adduce Further Evidence
Outcome
Application dismissed
Legal Topics
Sequestration Order, Service of Bankruptcy Notice, Admission of Fresh Evidence
Bankruptcy Sequestration Order Service of Bankruptcy Notice Admission of Fresh Evidence

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 Party arguments 2
Sign in to unlock

Parties

Peter Jensen

Appellant

Queensland Law Society Incorporated

Respondent

Procedural Posture

Appeal / Application to Adduce Further Evidence

Legal Issues

  1. 1 Whether leave should be granted to adduce further evidence on appeal
  2. 2 Whether appellant was validly served with the bankruptcy notice

Ratio Decidendi

The appellant failed to demonstrate that the evidence he sought to lead was fresh (previously unavailable) or relevant to the issue determined by the Magistrate. The Court declined to admit further evidence, as it would not have assisted the determination of whether the appellant was validly served with the bankruptcy notice.

Court Disposition

Application dismissed

Orders

  • The notice of motion filed 2 April 2004 be dismissed.