Grace v Lawson Hill Estate Pty Ltd [2005] FCA 1778

FEDERAL COURT OF AUSTRALIA

Grace v Lawson Hill Estate Pty Ltd [2005] FCA 1778

BANKRUPTCY – bankruptcy notice – judgment debtor has application pending before High Court for special leave to appeal from final judgment or order on which bankruptcy notice is based – application for stay of execution of judgment – Held: (1) a stay on the judgment will not prevent act of bankruptcy from being committed upon expiry of time fixed in bankruptcy notice or of that time as extended by Court; (2) commission of act of bankruptcy will not prevent judgment debtor from prosecuting her application for special leave to appeal; (3) application for stay of execution refused.

Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41

JUNE MARGARET GRACE v

LAWSON HILL ESTATE PTY LIMITED NSD 1801 OF 2005 LINDGREN J 6 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1801 OF 2005

BETWEEN: JUNE MARGARET GRACE

APPLICANT

AND: LAWSON HILL ESTATE PTY LIMITED

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 6 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application brought by notice of motion filed on 23 September 2005 be dismissed.

THE COURT NOTES THAT: 2. There is no order as to 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 NSD 1801 OF 2005

BETWEEN: JUNE MARGARET GRACE

APPLICANT

AND: LAWSON HILL ESTATE PTY LIMITED

RESPONDENT

JUDGE: LINDGREN J

DATE: 6 DECEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION

1 As a result of the Full Court's allowing of the appeal in Lawson Hill Estate Pty Ltd v Grace (proceeding NSD 197 of 2005) on 22 August 2005 (see Dalton v Lawson Hill Estate Pty Ltd [2005] FCAFC 169), Lawson Hill Estate Pty Ltd ('Lawson Hill') has a judgment against June Margaret Grace ('Mrs Grace'), as well as against her husband, Jose Harold Grace, for $705,589.00.