Cannon v Statewide Secured Investments Pty Ltd [2018] FCA 954

Cannon v Statewide Secured Investments Pty Ltd [2018] FCA 954

The appeal was dismissed because the appellants did not show error in the primary judge's refusal to go behind the County Court judgment. The County Court reasons did not contain findings that the Supreme Court judgment debt had been assigned to Permanent, the issue had not been substantiated, and even if an equitable assignment existed Statewide retained a legal debt claim on which judgment could be entered. The appellants had themselves argued in the County Court that judgment for the Supreme Court judgment debt should be in favour of Statewide, and no substantial reason was shown to doubt that the debt was truly owed to Statewide.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Bankruptcy and Insolvency Appeal / Appeal From a Federal Circuit Court Decision Dismissing an Appeal Against Sequestration Orders; Applications for Leave to Appeal an Interlocutory Judgment and for an Extension of Time to File a Notice of Appeal
Outcome
Appeal dismissed; application for leave to appeal dismissed; extension of time to file a notice of appeal allowed.
Legal Topics
['sequestration Orders' 'bankruptcy Notices' 'going Behind a Judgment' 'assignment of Debt' 'equitable Assignment' 'judgment Debt']
['bankruptcy and Insolvency' 'property Law' 'civil Procedure'] ['sequestration Orders' 'bankruptcy Notices' 'going Behind a Judgment' 'assignment of Debt' 'equitable Assignment' 'judgment Debt']

Case Brief

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Procedural Posture

Bankruptcy and Insolvency Appeal / Appeal From a Federal Circuit Court Decision Dismissing an Appeal Against Sequestration Orders; Applications for Leave to Appeal an Interlocutory Judgment and for an Extension of Time to File a Notice of Appeal

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in refusing to go behind the County Court judgment on the basis that the order was allegedly inconsistent with findings of fact and the plaintiffs' pleadings." 'Whether the efficacy of the alleged assignment was to be determined by the intention of the parties rather than the terms of the assignment.' 'Whether there were substantial reasons for questioning whether, in truth and reality, a debt was owing by the appellants to Statewide.']

Ratio Decidendi

The appeal was dismissed because the appellants did not show error in the primary judge's refusal to go behind the County Court judgment. The County Court reasons did not contain findings that the Supreme Court judgment debt had been assigned to Permanent, the issue had not been substantiated, and even if an equitable assignment existed Statewide retained a legal debt claim on which judgment could be entered. The appellants had themselves argued in the County Court that judgment for the Supreme Court judgment debt should be in favour of Statewide, and no substantial reason was shown to doubt that the debt was truly owed to Statewide.

Court Disposition

Appeal dismissed; application for leave to appeal dismissed; extension of time to file a notice of appeal allowed.

Orders

  • ["The appellants' application dated 2 June 2017 for leave to appeal an interlocutory judgment of the Federal Circuit Court of Australia be dismissed." "The appellants' application dated 5 April 2018 for an extension of time to file a notice of appeal be allowed." 'The appeal be dismissed.' "The respondent's costs of...