Westpac Banking Corporation v Carver, in the matter of Carver [2003] FCA 222

FEDERAL COURT OF AUSTRALIA

Westpac Banking Corporation v Carver, in the matter of Carver [2003] FCA 222

BANKRUPTCY – PRACTICE & PROCEDURE – creditor's petition – application for stay pending special leave to appeal to High Court – general discretion to grant a stay of sequestration order. Bankruptcy Act 1966 (Cth)

IN THE MATTER OF MARIE PHILLIPPE CYRIL GRELY CARVER; WESTPAC BANKING CORPORATION V MARIE PHILLIPPE CYRIL GRELY CARVER NO. N 7373 OF 2002 IN THE MATTER OF DEAN STARR JOSEPH CARVER; WESTPAC BANKING CORPORATION V DEAN STARR JOSEPH CARVER NO. N 7271 OF 2002 BEAUMONT J 27 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7373 OF 2002

IN THE MATTER OF: MARIE PHILLIPPE CYRIL GRELY CARVER

BETWEEN: WESTPAC BANKING CORPORATION

APPLICANT CREDITOR

AND: MARIE PHILLIPPE CYRIL GRELY CARVER

RESPONDENT DEBTOR

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7271 OF 2002

IN THE MATTER OF: DEAN STARR JOSEPH CARVER

BETWEEN: WESTPAC BANKING CORPORATION

APPLICANT CREDITOR

AND: DEAN STARR JOSEPH CARVER

RESPONDENT DEBTOR

JUDGE: BEAUMONT J

DATE OF ORDER: 27 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Dean Starr Joseph Carver. 2. A sequestration order be made against the estate of Marie Philippe Cyril Grely Carver. 3. Proceedings upon the sequestration orders be stayed for seven days. 4. The applicant creditor's costs (including reserved costs, if any) be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA