One Step Plumbing & Concrete Pty Ltd v Sellers [2002] FCA 865

FEDERAL COURT OF AUSTRALIA

One Step Plumbing & Concrete Pty Ltd v Sellers [2002] FCA 865

PRACTICE AND PROCEDURE – stay of execution pending appeal – bankrupts' transfer of properties to appellant companies held to be void – whether appellants have made out sufficient reason why a stay should be granted – whether appellants will suffer prejudice in the absence of a stay

Federal Court Rules O 52 r 17 Henderson v Amadio Pty Ltd (No 3) (1996) 65 FCR 66 at 69 followed. ONE STEP PLUMBING AND CONCRETE PTY LTD & ORS v KENNETH STEWART SELLERS (AS TRUSTEE OF THE BANKRUPT ESTATES OF WILLIAM J HUSSEN and KAYLEEN M HUSSEN) NO V 343 OF 2002 HEEREY J 3 JULY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 343 OF 2002

BETWEEN: ONE STEP PLUMBING AND CONCRETE PTY LTD

(ACN 074 602 396)

FIRST APPELLANT

MANIFOLD NOMINEES PTY LTD (ACN 076 606 221)

SECOND APPELLANT

MCKILLOP DEVELOPMENTS PTY LTD (ACN 078 801 368)

THIRD APPELLANT

DRUMCONDRA INVESTMENTS PTY LTD

(ACN 074 718 979)

FOURTH APPELLANT

GIUSEPPE'S PROPERTIES PTY LTD (ACN 075 951 852)

FIFTH APPELLANT

AND: KENNETH STEWART SELLERS (AS TRUSTEE OF THE BANKRUPT ESTATES OF WILLIAM J HUSSEN and KAYLEEN M HUSSEN)

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 3 JULY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application, in so far as it relates to the second to fifth appellants, is dismissed. 2. The second to fifth appellants pay the respondent's costs of today's proceeding. 3. The hearing of this motion is otherwise adjourned to 10.15 on 19 August 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.