Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Schepis, in the matter of Schepis v Esanda Finance Corporation Limited [2001] FCA 144
BANKRUPTCY – bankruptcy notice – setting aside – whether Local Court judgment that founded notice was stayed by filing of appeal to Supreme Court – whether Supreme Court or Local Court ordered stay of judgment. Federal Court of Australia Act 1976 (Cth), s 35A(5). Bankruptcy Act 1966 (Cth), s 40(1)(g). Local Courts (Civil Claims) Act 1970 (NSW), ss 12, 32, 69. Justices Act 1902 (NSW), ss 104, 106, 107. Supreme Court Rules (NSW), Pt 51B, rr 7, 8.
Re Johnson; Ex parte Johnson v Tonkin (1994) 53 FCR 70, cited. Schepis v Esanda Finance Corporation Ltd [2000] NSWSC 41, cited. IN THE MATTER OF ANTHONY SCHEPIS & ANOR ANTHONY SCHEPIS & ANOR v ESANDA FINANCE CORPORATION LIMITED N 7946 of 2000 SACKVILLE J SYDNEY 27 FEBRUARY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7946 OF 2000
IN THE MATTER OF ANTHONY SCHEPIS AND MICHELE SCHEPIS
BETWEEN: ANTHONY SCHEPIS and MICHELE SCHEPIS
APPLICANTS
AND: ESANDA FINANCE CORPORATION LIMITED
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 27 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Registrar dismissing the applicants' application to set aside the bankruptcy notice issued on 23 May 2000 be confirmed. 2. The applicants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7946 OF 2000
IN THE MATTER OF ANTHONY SCHEPIS AND MICHAEL SCHEPIS
BETWEEN: ANTHONY SCHEPIS and MICHELE SCHEPIS
APPLICANTS
AND: ESANDA FINANCE CORPORATION LIMITED
RESPONDENT
JUDGE: SACKVILLE J
DATE: 27 FEBRUARY 2001
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