Ian David Menzies v Paccar Financial Pty Ltd

[2012] HCASL 44

IAN DAVID MENZIES
v
 PACCAR FINANCIAL PTY LTD & ORS
[2012] HCASL 44
M160/2011

1. On 11 June 2010, the Federal Magistrates Court made a sequestration order in respect of the assets of the applicant and his wife, the fourth respondent.  The applicant and his wife applied for a stay of the order pending an appeal; on 1 July 2010, in the Federal Court, Ryan J granted a stay, on terms, until the hearing and determination of an appeal.

2. Thereafter, they unsuccessfully contended before Sundberg J of the Federal Court that the trustees had so conducted themselves as to be in contempt of court.  Jessup J subsequently held that even if an application for leave to appeal against the decision of Sundberg J had been competent, it would have failed.

3. On 21 October 2011, Tracey J delivered comprehensive reasons for judgment in relation, among other things, to the costs of the proceeding before Jessup J.

4. The application for special leave to appeal now before this Court, seeks to agitate the judgments of Jessup J and Tracey J.  A substantial extension of time is required with respect to the application concerning the decision of Jessup J.

5. The applicant's written submissions do not identify any reason to doubt the correctness of the conclusions reached by their Honours.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

W.M.C. Gummow
29 March 2012 S.M. Kiefel