Hudson v Whalan [1999] FCA 189

Hudson v Whalan [1999] FCA 189

There was no basis under s 153B of the Bankruptcy Act to annul the sequestration order, as the issues of law had already been authoritatively determined and neither the appellant's lack of assets nor apprehended bias justified annulment. The appeal is dismissed.

Jurisdiction
Australia
Judgment Date
03 March 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['annulment of Sequestration Order' 'apprehended Bias']
['bankruptcy' 'practice and Procedure'] ['annulment of Sequestration Order' 'apprehended Bias']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether facts arising after the making of a sequestration order can be considered in determining whether a sequestration order 'ought not to have been made' under s 153B of the Bankruptcy Act" 'Whether the Judge who made the sequestration order was disqualified by apprehended bias']

Ratio Decidendi

There was no basis under s 153B of the Bankruptcy Act to annul the sequestration order, as the issues of law had already been authoritatively determined and neither the appellant's lack of assets nor apprehended bias justified annulment. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'There be no order as to costs.']