FEDERAL COURT OF AUSTRALIA
Grundy v Wattyl Australia [2002] FCA 615
BANKRUPTCY – application for interlocutory relief pending the hearing of an appeal from a decision of the Federal Magistrate – where the Federal Magistrate dismissed an application for review of a sequestration order – where the bankrupt seeks to stay the effect of the sequestration order – where the bankrupt’s estate has been in administration for eight months – whether the bankrupt has an arguable case.
Bankruptcy Act 1966 (Cth) ss 52, 153B, 154
Federal Court of Australia Act 1976 (Cth) ss 23 and 29
Federal Magistrates Act 1999 (Cth) ss 102, 104(3)
Federal Court Rules O 52 r 17Freeman v National Australia Bank Ltd [2002] FCA 427 cited
Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87 citedColeman v Lazy Days Investments Pty Ltd (1995) 55 FCR 297 cited
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 cited
Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 cited
Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 cited
Neil v Nott (1994) 121 ALR 148 cited
Stankiewicz v Plata [2000] FCA 1185 discussed
Trustees of the Franciscan Missionaries of Mary v Weir (2000) 98 FCR 447 cited
Re Almassy (1999) 92 FCR 597 cited
Symonds v Bateman [1999] FCA 658 cited
Re Gollan; Ex parte Gollan (1992) 40 FCR 38 cited
Mackay v Mobil Oil Australia Ltd [1999] FCA 1124 cited
Re Maas [1998] FCA 1447
Re Sarina; Ex parte Wollondilly Shire Council (1980) 43 FLR 163 cited
Re Stubberfield; Ex parte Paradise Grove Pty Ltd (1995) 134 ALR 169 citedPHILLIP GRUNDY v WATTYL AUSTRALIA PTY LTD AND SCOTT DARREN PASCOE AS THE TRUSTEE OF THE PROPERTY OF PHILLIP GRUNDY
N 249 of 2002
MOORE J
14 MAY 2002
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 249 OF 2002
IN AN APPEAL FROM THE FEDERAL MAGISTRATE
BETWEEN:
PHILLIP GRUNDY
APPLICANTAND:
WATTYL AUSTRALIA PTY LTD
FIRST RESPONDENTSCOTT DARREN PASCOE AS THE TRUSTEE OF THE PROPERTY OF PHILLIP GRUNDY
SECOND RESPONDENTJUDGE:
MOORE J
DATE OF ORDER:
14 MAY 2002
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Until further order the proceedings under the sequestration order made on 13 September 2001 in relation to the estate of Mr Phillip Grundy be stayed insofar as it permitted or required the sale of 2a Mount Vincent Road, Mount Vincent.
2. Until further order the Trustee be restrained from selling the property.
3.Until further order and upon Mr Phillip Grundy giving an undertaking to vacate the property within 7 days of any judgment dismissing his appeal from the judgment of the Federal Magistrate of 13 March 2002, the Trustee permit Mr Phillip Grundy to enter and occupy the property until judgment in the appeal.
4. Cost of the stay application be costs in the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the…
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- Case
- [2002] FCA 615
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Until further order the proceedings under the sequestration order made on 13 September 2001 in relation to the estate of Mr Phillip Grundy be stayed insofar as it permitted or required the sale of 2a Mount Vincent Road, Mount Vincent.
2. Until further order the Trustee be restrained from selling the property.
3. Until further order and upon Mr Phillip Grundy giving an undertaking to vacate the property within 7 days of any judgment dismissing his appeal from the judgment of the Federal Magistrate of 13 March 2002, the Trustee permit Mr Phillip Grundy to enter and occupy the property until judgment in the appeal.
4. Cost of the stay application be costs in the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MOORE J
Full text does not contain this section.