Shirley Miao v Owners Corporation SP31235U

[2015] HCASL 157

SHIRLEY MIAO

v

OWNERS CORPORATION SP31235U

[2015] HCASL 157
M59/2015

1. On 3 July 2014, a registrar of the Federal Circuit Court of Australia made a sequestration order against the applicant’s estate.  The respondent was the petitioning creditor.  

2. On 7 November 2014, the Federal Circuit Court (Burchardt J) dismissed the applicant’s application for review of the sequestration order.  Burchardt J was not satisfied that the applicant was solvent and found that, in any event, the applicant’s criticisms of the respondent’s petition were misconceived, baseless or not made out.  His Honour held that it was clear that a sequestration order should issue.

3. On 13 April 2015, the Federal Court of Australia (Beach J) dismissed the applicant’s appeal.  Beach J found that the applicant was not able to establish any error of fact or law in Burchardt J’s decision.  

4. The applicant seeks special leave to appeal to this Court.  The applicant’s draft notice of appeal does not advance any grounds that cast doubt on the correctness of the Federal Court’s decision.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

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

S.M. Kiefel
15 October 2015 P.A. Keane