Greyson v Commonwealth Bank of Australia (ACN 123 123 124) [2005] FCA 1108

FEDERAL COURT OF AUSTRALIA

Greyson v Commonwealth Bank of Australia (ACN 123 123 124) [2005] FCA 1108

BANKRUTPCY – application for stay pending appeal against Federal Magistrate's orders – whether hearing of creditor's petition should have been adjourned pending the hearing of an appeal in the Supreme Court of Western Australia or by reason of the late filing of submissions – application dismissed

Supreme Court Rules O 46 r 6

Freeman v National Australia Bank Limited [2002] FCA 427 followed Grundy v Wattyl [2002] FCA 615 cited General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125 cited Eaton Developments Pty Ltd v NTC Pty Ltd (1998) 19 WAR 552 cited Adamopoulos v Olympic Airways SA (1990) 95 ALR 525 cited DONALD ALLAN GREYSON and YVONNE FRANCES GREYSON v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) WAD 141 OF 2005 SIOPIS J 12 AUGUST 20005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 141 OF 2005

On Appeal from the Federal Magistrates Court of australia

BETWEEN: DONALD ALLAN GREYSON and

YVONNE FRANCES GREYSON

APPELLANTS

AND: COMMONWEALTH BANK OF AUSTRALIA

(ACN 123 123 124)

RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 12 AUGUST 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appellants' motion dated 16 June 2005 is dismissed. 2. The appellants are to pay the respondent's costs, including any reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 141 OF 2005

On Appeal from the Federal Magistrates Court of australia

BETWEEN: DONALD ALLAN GREYSON and

YVONNE FRANCES GREYSON

APPELLANTS