Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sood v Crown Diagnostic Imaging Pty Ltd [2006] FCA 715 BANKRUPTCY – application for stay of proceedings under sequestration order pending appeal – where assets frozen by order pursuant to Proceeds of Crime Act 2002 (Cth) – possible release of funds for costs of appeal – stay granted Bankruptcy Act 1966 (Cth) s 58A Proceeds of Crime Act (2002) (Cth) Federal Court RulesO 52 r 17 Evans v Heather Thiedeke Group Pty Ltd (1990) 95 ALR 424applied Stedman v Commissioner of Taxation [1999] FCA 539 applied
DR SUMAN SOOD v CROWN DIAGNOSTIC IMAGING PTY LTD
NSD 590 OF 2006
GYLES J
30 MAY 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 590 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DR SUMAN SOOD
APPLICANT ON THE MOTION
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
RESPONDENT ON THE MOTION
JUDGE: GYLES J
DATE OF ORDER: 30 MAY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The sequestration order made by Raphael FM on 1 March 2006 against the applicant's estate be stayed up to and including the date of determination of the appeal or further order of the Court.
2. Costs be costs in the appeal.
3. Order 1 above is conditional upon:
(a) the applicant delivering to the respondent a statement of affairs within seven days.
(b) the applicant prosecuting the appeal expeditiously. 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 590 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DR SUMAN SOOD
APPLICANT ON THE MOTION
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
RESPONDENT ON THE MOTION
JUDGE: GYLES J
DATE: 30 MAY 2006
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