Day v Gould, in the matter of Gould [2002] FCA 936

FEDERAL COURT OF AUSTRALIA

Day v Gould, in the matter of Gould [2002] FCA 936

IN THE MATTER OF STEPHEN GOULD JULIAN DAY & ANOR v STEPHEN GOULD N7025 of 2002 MADGWICK J 16 JULY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7025 of 2002

IN THE MATTER OF STEPHEN GOULD

BETWEEN: JULIAN DAY

FIRST APPLICANT

ALAN MANLY

SECOND APPLICANT

AND: STEPHEN GOULD

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 16 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion is dismissed with 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 N7025 of 2002

IN THE MATTER OF STEPHEN GOULD

BETWEEN: JULIAN DAY

FIRST APPLICANT

ALAN MANLY

SECOND APPLICANT

AND: STEPHEN GOULD

RESPONDENT

JUDGE: MADGWICK J

DATE: 16 JULY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 By his notice of motion the respondent bankrupt, Mr Gould, among other things, seeks an order that: "A under s 37(1) of the Bankruptcy Act 1996 [sic] suspend the Sequestration Order pending an application for a hearing of the Sequestration Order on the grounds of new evidence not placed before the Court in any matter relating to the Granting of the Sequestration Order on 07 Sep 2000." 2 Section 37 of the Bankruptcy Act 1966 (Cth) is in the following terms: "(1) Subject to subsection (2) the Court may rescind, vary or discharge an order made by it and under this Act or may suspend the operation of such an order. (2) The Court does not have the power to rescind or discharge, or to suspend the operation of: (i) a sequestration order ..."