Stedman v Commissioner of Taxation [1999] FCA 539

FEDERAL COURT OF AUSTRALIA Stedman v Commissioner of Taxation [1999] FCA 539 BANKRUPTCY – applications for extension of stay of proceedings under sequestration orders pending appeal – Federal Court Rules, O 52, r 17 – whether extension should be granted. Bankruptcy Act 1966 (Cth), ss 37, 43, 52(3), 58, 60(2), 239 Federal Court Rules, O 52, r 17 Evans v Heather Thiedeke Group Pty Ltd (1990) 95 ALR 424, followed Coleman v Lazy Days Investments Pty Ltd (1995) 55 FCR 297, followed Re Wardle; Ex parte Widin v Australia v New Zealand Banking Group Ltd (1987) 70 ALR 633, followed Re Deriu (1970) 16 FLR 420, cited Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65, discussed and followed Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685, followed JACQUELINE ANNE STEDMAN v DEPUTY COMMISSIONER OF TAXATION N 320 OF 1999 FREDERIK ANTONIUS MARE v DEPUTY COMMISSIONER OF TAXATION

N 321 OF 1999 JUDGE: SACKVILLE J DATE: 20 APRIL 1999 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 320 OF 1999

N 321 OF 1999

BETWEEN: JACQUELINE ANNE STEDMAN

Appellant

AND: DEPUTY COMMISSIONER OF TAXATION

Respondent

BETWEEN: FREDERIK ANTONIUS MARE

Appellant

AND: DEPUTY COMMISSIONER OF TAXATION

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 20 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Upon the basis of the undertakings given by Jacqueline Anne Stedman to the Court, in the form of exhibits C and D, the stay granted by Katz J on 16 April 1999 in relation to matter number N 320 of 1999, is to be continued up to and including the delivery of judgment of the Full Court on the appeal in this matter, subject to the qualification that nothing in this stay shall prevent Max Christopher Donnelly, the trustee of the estate of Jacqueline Anne Stedman, from lodging a caveat to protect any interest he may have in the property known as 2b Lancaster Crescent, Collaroy ("the Property"). 2. Upon the basis of the undertakings given by Frederik Antonius Mare to the Court, in the form of exhibits B and D, the stay granted by Katz J on 16 April 1999 in relation to matter number N 321 of 1999, is to be continued up to and including the delivery of judgment of the Full Court on the appeal in this matter, subject to the qualification that nothing in this stay shall prevent Max Christopher Donnelly, the trustee of the estate of Frederik Antonius Mare, from lodging a caveat to protect any interest he may have in the Property. 3. Costs in respect of each application be costs in the appeal.