Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Worchild v The Drink Nightclub (Qld) Pty Ltd [2005] FCA 1897 ANDREW WORCHILD v THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854 AND BILL CROSS QUD 417 OF 2005 DOWSETT J 28 OCTOBER 2005 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 417 OF 2005
BETWEEN: ANDREW WORCHILD
APPLICANT
AND: THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854
FIRST RESPONDENT
BILL CROSS
SECOND RESPONDENT
JUDGE: DOWSETT J
DATE OF ORDER: 28 OCTOBER 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application filed 18 October 2005 be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 417 OF 2005
BETWEEN: ANDREW WORCHILD
APPLICANT
AND: THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854
FIRST RESPONDENT
BILL CROSS
SECOND RESPONDENT
JUDGE: DOWSETT J
DATE: 28 OCTOBER 2005
PLACE: BRISBANE
REASONS FOR JUDGMENT 1 As far as I can see, there is no substantial ground of appeal. Most, if not all, of the grounds were canvassed unsuccessfully before me on the application to set aside the bankruptcy notice. It may be that I was wrong. If I am, then the Full Court will say so. I cannot for the moment see, though, that there is any substantial chance of success on the appeal against making of the sequestration order, which is the matter with which I am presently concerned. 2 As far as I can see, there is no significant risk that any asset will be lost in the course of the administration of the estate in the event that a stay is not made and the appeal heard in November. In those circumstances, the application should be dismissed. I order the applicant to pay the respondent's costs of the application. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate