Ghosh v Newton [2024] FCA 517

Ghosh v Newton [2024] FCA 517

Paragraph 7 of the interlocutory application was dismissed because it sought an order substantially identical to an order dismissed on 22 April 2024, the applicant relied on no evidence filed since that date, and there was no evidence of any change in circumstances.

Jurisdiction
Australia
Judgment Date
07 May 2024
Procedural Posture
Bankruptcy and Insolvency Interlocutory Application / Interlocutory Application Dated 6 May 2024; Orders 7 and 9 Sought on 7 May 2024
Outcome
Paragraph 7 of the interlocutory application dated 6 May 2024 was dismissed. The applicant was referred to the pro bono solicitor panel. The balance of the interlocutory application was stood over to the final hearing on 1 August 2024, with costs reserved to the final hearing.
Legal Topics
['interlocutory Application' 'permission to Enter Property' 'pro Bono Solicitor Panel' 'change in Circumstances']
['bankruptcy and Insolvency' 'federal Court Practice and Procedure'] ['interlocutory Application' 'permission to Enter Property' 'pro Bono Solicitor Panel' 'change in Circumstances']

Case Brief

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Procedural Posture

Bankruptcy and Insolvency Interlocutory Application / Interlocutory Application Dated 6 May 2024; Orders 7 and 9 Sought on 7 May 2024

Legal Issues

  1. 1 ['Whether the applicant should be permitted under r 14.01(1)(b) of the Federal Court Rules to enter the property at 49 Patricia Ave, Charlestown multiple times to check what contents had been removed.' 'Whether the applicant should be referred to the pro bono solicitor panel pursuant to r 4.12(1) of the Federal Court Rules.']

Ratio Decidendi

Paragraph 7 of the interlocutory application was dismissed because it sought an order substantially identical to an order dismissed on 22 April 2024, the applicant relied on no evidence filed since that date, and there was no evidence of any change in circumstances.

Court Disposition

Paragraph 7 of the interlocutory application dated 6 May 2024 was dismissed. The applicant was referred to the pro bono solicitor panel. The balance of the interlocutory application was stood over to the final hearing on 1 August 2024, with costs reserved to the final hearing.

Orders

  • ['Paragraph 7 of the interlocutory application filed by the applicant and dated 6 May 2024 is dismissed.' 'The applicant be referred to the pro bono solicitor panel pursuant to r 4.12(1) of the Federal Court Rules.']