Dudzinski v Kellow [2002] FCA 266

Dudzinski v Kellow [2002] FCA 266

Given the wide range of issues raised by Mr Dudzinski, the Federal Court should retain the application rather than transfer it, to deal efficiently with all matters raised.

Parties
Applicant: Waldemar Dudzinski; First Respondent: Aynsley Kellow; Second Respondent: Roy Rickson; Third Respondent: Errol Stock; Fourth Respondent: Bill Hogarth; Fifth Respondent: Cordia Chu; Sixth Respondent: Kees Hulsman; Seventh Respondent: Lyn Holman; Eighth Respondent: Collin McAndrew; Ninth Respondent: John Scott; Tenth Respondent: Griffith University
Jurisdiction
Australia
Judgment Date
15 March 2002
Procedural Posture
Bankruptcy Application / Directions Hearing
Outcome
Directions given for further material to be filed; costs in the proceedings.
Legal Topics
Bankruptcy Notice, Setting Aside Bankruptcy Notice, Costs, Transfer of Proceedings
Bankruptcy Bankruptcy Notice Setting Aside Bankruptcy Notice Costs Transfer of Proceedings

Case Brief

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Parties

Waldemar Dudzinski

Applicant

Aynsley Kellow

First Respondent

Roy Rickson

Second Respondent

Errol Stock

Third Respondent

Bill Hogarth

Fourth Respondent

Cordia Chu

Fifth Respondent

Kees Hulsman

Sixth Respondent

Lyn Holman

Seventh Respondent

Collin McAndrew

Eighth Respondent

John Scott

Ninth Respondent

Griffith University

Tenth Respondent

Procedural Posture

Bankruptcy Application / Directions Hearing

Legal Issues

  1. 1 Whether the bankruptcy notice should be set aside
  2. 2 Whether the application should be transferred to the Federal Magistrates Court or remain in the Federal Court

Ratio Decidendi

Given the wide range of issues raised by Mr Dudzinski, the Federal Court should retain the application rather than transfer it, to deal efficiently with all matters raised.

Court Disposition

Directions given for further material to be filed; costs in the proceedings.

Orders

  • Any further material on which Mr Dudzinski wishes to rely be filed and served within 21 days of today.
  • Any material on which the respondents wish to rely be filed within a further 21 days.