Federal Court of Australia
CATCHWORDS PRACTICE - stay - application for stay of execution pending an appeal - whether the orders in question could be stayed - consideration of prospects of success of appeal Bankruptcy Act 1966 s 139ZQ Bunnings Forest Products Proprietary Limited v Bullen (1994) 54 FCR 342 Foll Re Sol Theo Ex parte: The Abovenamed and The Official Trustee in Bankruptcy No QB 1422 of 1990 Kiefel J Brisbane 2 September 1996
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No QB 1422 of 1990 RE: SOL THEO EX PARTE: SOL THEO Applicant AND: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 2 September 1996 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The application for stay is dismissed. 2. The applicant pay the costs of the Official Trustee and of the Trustees for Sale of and incidental to the motion, to be taxed. Note: Settlement and Entry of Orders is dealt with in Rule 124 of the Bankruptcy Act.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No QB 1422 of 1990 RE: SOL THEO EX PARTE: SOL THEO Applicant AND: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent CORAM: Kiefel J DATE: 2 September 1996 PLACE: Brisbane REASONS FOR JUDGMENT "EX TEMPORE" Mr Theo applies for a stay of the orders made by Heerey J on 1 August 1996. It is necessary to refer to a little background to that decision. On 24 August 1995, Cooper J heard proceedings brought by Mr Theo to set aside notices issued by the Official Receiver under s 139ZQ of the Bankruptcy Act 1966 with respect to transactions concerning the two landholdings now in question. Mr Theo had a measure of success in that the notices were set aside, but this was on the ground that requirements as to valuations had not been complied with. His Honour made detailed findings of fact as to the transfer of Mr Theo's interest in the property to Mrs Theo, and to Mr Theo's contention that he held his interest only as trustee. His Honour found that that was not correct. An appeal from
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