Re Jury, Eric Abraham & Anor Ex Parte Westpac Banking Corp [1997] FCA 600

Re Jury, Eric Abraham & Anor Ex Parte Westpac Banking Corp [1997] FCA 600

There was no reasonable apprehension of bias in the original proceeding and no miscarriage of justice. The court declined to go behind the Supreme Court judgment, finding that the requirements for a sequestration order were met and that the alleged prior involvement of the judge did not amount to bias.

Jurisdiction
Australia
Judgment Date
22 May 1997
Procedural Posture
Bankruptcy Petition / Judgment on Creditor's Petition for Sequestration
Outcome
Sequestration orders made against both debtors' estates; costs to the petitioning creditor.
Legal Topics
['sequestration' 'apprehended Bias' 'miscarriage of Justice']
['bankruptcy'] ['sequestration' 'apprehended Bias' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Bankruptcy Petition / Judgment on Creditor's Petition for Sequestration

Legal Issues

  1. 1 ['Whether a judgment obtained by the Supreme Court of New South Wales constituted a debt that can found bankruptcy proceedings despite allegations of miscarriage of justice' "Whether a reasonable apprehension of bias existed due to the trial judge's prior involvement as counsel in unrelated proceedings involving a witness"]

Ratio Decidendi

There was no reasonable apprehension of bias in the original proceeding and no miscarriage of justice. The court declined to go behind the Supreme Court judgment, finding that the requirements for a sequestration order were met and that the alleged prior involvement of the judge did not amount to bias.

Court Disposition

Sequestration orders made against both debtors' estates; costs to the petitioning creditor.

Orders

  • ['Leave granted to amend the petition to correct the date of service of the bankruptcy notice on Mr Jury to 14 March 1996.' 'Sequestration orders made against the estates of Eric Abraham Jury and Houda Jury.' "Petitioning creditor's costs, including reserved costs if any, to be taxed and paid in accordance with the...