Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pollak v National Australia Bank Limited [2001] FCA 1643
JOSEPH POLLAK v NATIONAL AUSTRALIA BANK LIMITED N7978 of 2000
MADGWICK J 29 OCTOBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N7978 of 2000
BETWEEN: JOSEPH POLLAK
APPLICANT
AND: NATIONAL AUSTRALIA BANK LIMITED
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 29 OCTOBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for a stay be dismissed. 2. The appeal have an expedited hearing. 3. The applicant have liberty to apply for a stay in the event that the Official Trustee in Bankruptcy institutes, before the determination of the appeal, any curial proceeding concerning the property of the applicant or against any person concerning property to which the Trustee claims should be included in the estate for the purposes of the bankruptcy. 4. The costs of the application be costs in the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N7978 of 2000
BETWEEN: JOSEPH POLLAK
APPLICANT
AND: NATIONAL AUSTRALIA BANK LIMITED
RESPONDENT
JUDGE: MADGWICK J
DATE: 29 OCTOBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application by the bankrupt for a stay of proceedings in relation to a sequestration order I made on 5 October 2001. 2 The bankrupt has appealed. It is invidious for me to pass upon the merits of the appeal. Although there are cases in which the trial judge can readily concede that the matter is very arguable, this is not one of those. Nevertheless, it cannot be said there is nothing to be argued in support of the appeal and there is nothing to indicate that it has not been instituted bona fide. 3 Dr Pollak, the bankrupt, is both a medical practitioner and a barrister admitted to practise in New South Wales. It is his intention to continue medical practice, which he does energetically, as an employee of a family company in a number of locations in New South Wales and sometimes elsewhere in Australia. He also believes he can manage a part time specialty practice as a barrister in short medical malpractice cases. Having regard to recent publicity given to some bankrupt barristers, Dr Pollak fears involvement in needing to make
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