Wallin v MJB Building Services Pty Ltd S165/2002 [2003] HCATrans 645 (14 March 2003)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S164 of 2002

B e t w e e n -

PAULA WALLIN (ALSO KNOWN AS PAULA JACQUELINE WALLIN & PAULA J. MILLER)

Applicant

and

MJB BUILDING SERVICES PTY LIMITED

Respondent

Office of the Registry

Sydney No S165 of 2002

B e t w e e n -

GRAEME WALLIN (ALSO KNOWN AS GRAHAM CRAIG WALLIN)

Applicant

and

MJB BUILDING SERVICES PTY LIMITED

Respondent

Applications for special leave to appeal

GUMMOW J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 14 MARCH 2003, AT 2.12 PM

Copyright in the High Court of Australia

__________________

MR G. WALLIN, appeared in person.

GUMMOW J: Is it your wish to appear and to speak on behalf also of the other applicant?

MR WALLIN: Paula Miller AKA Wallin is present.

MRS P. WALLIN, appeared in person.

GUMMOW J: Yes, thank you. Now, do you wish to represent both, in terms of oral submissions?

MRS WALLIN: I do not know that he can, your Honour, because we are supposed to be bankrupt and I understand a bankrupt cannot represent someone else.

GUMMOW J: Very well. You may just wish yourself to adopt what is earlier said.

MRS WALLIN: Yes.

GUMMOW J: Do not feel inhibited about it. Just sit down for the moment.

MRS WALLIN: Thank you, your Honour.

GUMMOW J: Yes, Mr Wallin.

MR WALLIN: I intend to be as brief as possible, your Honours. I have filed in the Court on 30 August - - -

GUMMOW J: Just pardon me a minute. I omitted to say something I should say. The Court is informed by the Deputy Registrar that she has been informed by the solicitor for the respondent, MJB Building Services Pty Limited, that the respondent will not be appearing and is prepared to adhere to the order of the Court subject as to costs. Yes, Mr Wallin.

MR WALLIN: Thank you, your Honour.

GUMMOW J: You can start again if you would.

MR WALLIN: On 30 August 2002 I filed a joint application book. On 5 March this year, 2003, I filed a series of supplementary application books.

GUMMOW J: Yes, we have them.

MR WALLIN: To keep the matter as brief as possible, the gist of my submission is within the affidavit in supplementary application book No 1, which starts on page 1 of that book. It is a narrative of facts of myself. I would ask the Court to read that affidavit and please note the parts that I have referred to within the affidavit. The gist of my submission is basically within supplementary application book No 1, and No 4 may contain relevant parts, your Honour. There may be a few other documents which might be relevant within some of the other books.

GUMMOW J: Yes. Is there anything else you want to add - orally I mean?

MR WALLIN: I am in your hands, your Honour.

GUMMOW J: Thank you. Anything further you would wish to say in addition to what has just been said, Mrs Wallin?

MRS WALLIN: We just have to rely on what Graeme Wallin has prepared.

GUMMOW J: Yes, I understand.

MRS WALLIN: I do not know what further I could say, but I just feel like - I certainly did not apply for bankruptcy. I do not believe I was bankrupt. I think our original application was asking for some court action to be allowed to be continued. I think that should happen. Thank you, your Honour.

GUMMOW J: Thank you. We will take a short adjournment.

AT 2.16 PM SHORT ADJOURNMENT

UPON RESUMING AT 2.22 PM:

GUMMOW J: A judge of the Federal Court of Australia dismissed appeals from sequestration orders made in the Federal Magistrates Court. This Court has considered the written materials and what the applicants have been able to add today. However, the Court can find no basis in law upon which the decision of the Federal Court could be attacked with any prospect of success in this Court. The result therefore must be that special leave is refused with costs.

AT 2.23 PM THE MATTERS WERE CONCLUDED