Re Horvarth & Anor Ex Parte Commonwealth Bank of Australia [1998] FCA 1431

Leave to file the application was refused as the matters raised had already been determined by the Court on multiple occasions; the application was held to be an abuse of process and clearly foredoomed to fail.

Parties: Applicant Debtor: Gabor Horvath (Senior); Applicant Debtor: Agota Horvath; Respondent Judgment Creditor: Commonwealth Bank of Australia
Jurisdiction: Australia
Judgment Date: 10 November 1998
Procedural Posture: Bankruptcy Application / Motion for Leave to File Application
Outcome: leave to file application refused; motion dismissed with costs
Legal Topics: Proof of Debt, Abuse of Process, Leave to File Application

Bankruptcy Practice and Procedure Proof of Debt Abuse of Process Leave to File Application

Case Brief

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Parties

Gabor Horvath (Senior)

Applicant Debtor

Agota Horvath

Applicant Debtor

Commonwealth Bank of Australia

Respondent Judgment Creditor

Procedural Posture

Bankruptcy Application / Motion for Leave to File Application

Legal Issues

1 Whether leave should be granted to file an application challenging the proof of debt admitted by the trustee in bankruptcy
2 Whether the matters raised have previously been raised and determined by the Court

Ratio Decidendi

Court Disposition

leave to file application refused; motion dismissed with costs

Orders

Leave is refused to file the application the subject of the applicants' motion filed on 6 November 1998 and the Registrar is directed to refuse to accept such application.
The applicants' motion filed on 6 November 1998 is dismissed.