Garrett v Barros

[2006] FMCA 824

FEDERAL MAGISTRATES COURT OF AUSTRALIA

GARRETT v BARROS [2006] FMCA 824

BANKRUPTCY – Application for review of a decision of a Registrar – rule 2.06 of the Federal Magistrates Court Rules 2001 – application dismissed.

Federal Magistrate Court Rules 2001

Thorncrest Pty Ltd & Anor v Barros [2006] FMCA 702

Applicant: ANDREW MORTON GARRETT

Respondent: PHILLIPPE BARROS

File number: MLG 115 of 2006

Judgment of: Hartnett FM

Hearing date: 30 May 2006

Delivered at: Melbourne

Delivered on: 30 May 2006

REPRESENTATION

Counsel for the Applicant: In person

Counsel for the Respondent: Mr C Nottas

ORDER

1. The application for review filed 22 May 2006 is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 115 of 2006

ANDREW MORTON GARRETT

Applicant

And

PHILLIPPE BARROS

Respondent

REASONS FOR JUDGMENT

1. On 22 May 2006 Mr Andrew Morton Garrett made application for review of a decision of Registrar Mussett made at Melbourne on the

   
   

   22 May 2006. The decision sought to be reviewed was that the Registrar refused to accept for filing documents that the applicant was seeking to file and such refusal was said to have been made pursuant to Rule 2.06 of the Federal Magistrates Court Rules 2001.  The applicant named Mr Phillippe Barros as the respondent to the proceedings.

2. The documents which Mr Garrett sought to file as referred to by him were as follows:

   a)Application for Review;

   b)Notice of address for service;

   c)2^nd affidavit of Mr Garrett;

   d)Application for waiver of fees;

   e)Statement of position;

   f)Notice of constitutional matter.

3. At the hearing before me Mr Garrett appeared on his own behalf.  Mr Nottas appeared for the respondent’s trustee in bankruptcy and Mr Fijalski and Ms Flanagan appeared but in a capacity of observers.  Mr Garrett sought to file a further affidavit headed ‘3^rd Affidavit’ and sworn 29 May 2006.

4. This is a hearing de novo.  What the applicant sought to file was an application for review of a decision of McInnis FM made 5 May 2006 in proceedings between Thorncrest Pty Ltd & Anor v Barros [2006] FMCA 702 wherein relevantly His Honour ordered:

   1.      The application by Mr Garrett to be joined as a Respondent is refused.

   2.      It is directed that the affidavit sworn by Mr Andrew Morton Garrett sworn 28 April 2006 be removed from the Court file.

5. It is not possible to entertain a review application of another Federal Magistrate in the Federal Magistrates Court.  Decisions of this Court are taken on appeal to the Federal Court of Australia and the Family Court of Australia.

6. I note Mr Garrett is not a party to the original proceedings which are concluded.  Mr Barros is an undischarged bankrupt.  What standing if any Mr Garrett has is not readily apparent.

7. The decision of Registrar Mussett was correct.  Mr Garrett’s documents are not accepted for filing and should be returned to him by the Registry.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Hartnett FM

Associate:  Tracey Jones

Date:  30 May 2006