Mbuzi v Favell

[2011] FCA 1439

FEDERAL COURT OF AUSTRALIA

Mbuzi v Favell [2011] FCA 1439

Citation:

Mbuzi v Favell [2011] FCA 1439

Parties:

JOSIYAS MBUZI v PAUL JOSEPH FAVELL

File number(s):

QUD 315 of 2011

Judge:

GREENWOOD J

Date of judgment:

14 December 2011

Catchwords:

BANKRUPTCY – consideration of an application for a stay of a Sequestration Order pending an appeal to the Federal Court of Australia

PRACTICE AND PROCEDURE – consideration of an application for stay of a Sequestration Order pending an appeal to the Federal Court of Australia

Legislation:

Bankruptcy Act 1966 (Cth), s 52(3)
Federal Court of Australia Act 1976 (Cth), s 29
Federal Court Rules 2011, Rule 36.08; Rule 36.10

Cases cited:

Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 - cited
Skalkos v T and S Recoveries Pty Ltd [2004] FCAFC 321 – cited
Freeman v National Australia Bank Limited [2002] FCA 427 - cited
Rigg v Commonwealth Bank of Australia [2001] FCA 1340 - cited
Greyson v Commonwealth Bank of Australia [2005] FCA 1108 – cited

Date of hearing:

30 November 2011

Date of last submissions:

30 November 2011

Place:

Brisbane

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

41

Counsel for the Appellant:

Appellant appeared in person

Counsel for the Respondent:

Mr P Hackett

Solicitor for the Trustees of the Estate of Josiyas Mbuzi:

Mr S Muller, Rodgers Barnes & Green

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 315 of 2011

BETWEEN:	JOSIYAS MBUZI Appellant
AND:	PAUL JOSEPH FAVELL Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	14 DECEMBER 2011
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application of the appellant for an order staying, pending the hearing and determination of an appeal to this Court of a Sequestration Order made by the Federal Magistrates Court of Australia on 5 September 2011 is dismissed. 

2.The appellant shall pay the costs of the respondent of and incidental to the application. 

3.The costs of the trustees of the estate of the appellant shall be costs in the administration of the estate of the appellant.   

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 315 of 2011

BETWEEN:	JOSIYAS MBUZI Appellant
AND:	PAUL JOSEPH FAVELL Respondent

JUDGE:	GREENWOOD J
DATE:	14 DECEMBER 2011
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. By this application, the appellant, Mr Josiyas Mbuzi, seeks a stay (under s 52(3) of the Bankruptcy Act 1966 (Cth); s 29 of the Federal Court of Australia Act 1976; and Rule 36.08 of the Federal Court Rules 2011) of a Sequestration Order made by the Federal Magistrates Court of Australia before Federal Magistrate Jarrett on 5 September 2011, pending an appeal from that order to this Court. The appeal is set down to be heard in February 2012.

2. The appellant filed a Notice of Appeal on 26 September 2011 in which the appellant recites as one of the orders sought in the appeal, an order in these terms:…