Federal Court of Australia
JUDGMENT No. sumer ct Deal sd tie
CATCHWORDS
BANKRUPTCY - proceedings in convection with sequestiation - whether stay of
execution of sequestration order may or should be granted pending appeal.
PRACTICE AND PROCEDURE - bankruptcy - stay - appeal - application for stay of sequestration order pending appeal - whether eapress statutory denial of power to rescind, discharge or suspend operation of sequestration otder precludes such stay - Bankruptcy Act provided maximum 21 days stay - power under Federal Court Rules to
oder stay - whethe: Comt bound by time hnut under Bankruptcy Act.
Bankruptcy Act 1966" 8 37(1)(2), 8 5203) Federal Court Rules Order 52 rule 1/ Federal Court of Australia Act (A976) Ch 8.24
Evans v. Heather Thiedeke Group Pty Ltd (1990) 95 ALR 424
Carver v. Brian Maanell Joyce & Anor (Lockhart J, unreported 12 December 1990 Judgment No. 793 of 1990)
Taylor v. Natwest Australia Bank Ltd (Foster J, unreported 14 July 1992 Judgment No. 726 of 1992)
Re Wardle (1987) 70 ALR 633
Re Ginnane (Ueerey J, unreported 10 September 1993 Judgment No. 707 of 1993)
Re Wheeler & Reynolds (A Firm); ex parte Kerr (1988) 20 FCR 185
Re Loughman (Northrop J, unreported 8 April 1992, Judgment No. 203 of 1992)
STEPHEN MICHAEL COLEMAN v. LAZY DAYS INVESTMENTS PTY LTD No. WAG 120 of 1994
RODNEY PAUL COLEMAN v. LAZY DAYS INVESTMENTS PTY LTD No. WAG 121 of 1994
CARR J.
3 OCTOBER 1994 RECEIVED
~2 NOV 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY BANKRUPTCY DIVISION
No WAG 120 of 1994
wwe a a'
BETWEEN: STEPLSIN MICITAEL COLEMAN
Appellant - and -
LAZY DAYS INVESTMENTS PTY LTp
Respondent No WAG 321 of 1991 ROONEY PAUL. COLRY AN
Appellant - and -
LAZY DAYS INVESTMENTS PTY LYD
Respondent
JUDGE MAKING ORDERS. = CARR J. PLACE: PERTII DATE: 31 OCTOBER 1994
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