Worchild v The Drink Nightclub (Qld) Pty Ltd

[2005] FCA 1897

FEDERAL COURT OF AUSTRALIA

Worchild v The Drink Nightclub (Qld) Pty Ltd [2005] FCA 1897

ANDREW WORCHILD v THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854 AND BILL CROSS

QUD 417 OF 2005

DOWSETT J
28 OCTOBER 2005
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 417 OF 2005

BETWEEN:

ANDREW WORCHILD
APPLICANT

AND:

THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854
FIRST RESPONDENT

BILL CROSS
SECOND RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

28 OCTOBER 2005

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.        The application filed 18 October 2005 be dismissed.

2.        The applicant pay the respondent’s costs of the application.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 417 OF 2005

BETWEEN:

ANDREW WORCHILD
APPLICANT

AND:

THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854
FIRST RESPONDENT

BILL CROSS
SECOND RESPONDENT

JUDGE:	DOWSETT J
DATE:	28 OCTOBER 2005
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. As far as I can see, there is no substantial ground of appeal.  Most, if not all, of the grounds were canvassed unsuccessfully before me on the application to set aside the bankruptcy notice.  It may be that I was wrong.  If I am, then the Full Court will say so.  I cannot for the moment see, though, that there is any substantial chance of success on the appeal against making of the sequestration order, which is the matter with which I am presently concerned.

2. As far as I can see, there is no significant risk that any asset will be lost in the course of the administration of the estate in the event that a stay is not made and the appeal heard in November.  In those circumstances, the application should be dismissed.  I order the applicant to pay the respondent’s costs of the application.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:            22 December 2005

Counsel for the Applicant:	The Applicant appeared in person.
Solicitor for the Respondent:	Hynes Lawyers
Date of Hearing:	28 October 2005
Date of Judgment:	28 October 2005