Murdaca v Accounts Control Management Services Pty Ltd [2007] FCA 964

FEDERAL COURT OF AUSTRALIA

Murdaca v Accounts Control Management Services Pty Ltd [2007] FCA 964 BANKRUPTCY APPEALS – failure to comply with bankruptcy notice which required payment of judgment debt within 21 days – judgment stayed between date of service of bankruptcy notice and expiry of time provided to comply with the notice – sequestration order nevertheless made against appellant's estate – following unsuccessful appeal, appellant served with writ of possession – order sought to stay writ of possession and proceedings under the sequestration order pending determination of special leave application – consideration of prospect of success of special leave application, loss to the respondent and balance of convenience – Held: stay of writ of possession and proceedings under sequestration order granted Bankruptcy Act 1966 (Cth) ss 37(2), 40(1)(g), 41(3)(b) Federal Court of Australia Act 1976 (Cth) ss 25(1A), 27 CDJ v VAJ (1998) 197 CLR 172 cited De Robillard v Carver [2007] FCAFC 73 cited Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 applied Lindholt v Merritt Madden Printing Pty Ltd [2002] FCA 260 distinguished Makhoul v Barnes (1995) 60 FCR 572 cited Re Dennis; Ex Parte Dennis (1888) 60 LT 348 referred to Re Frasersmith; Ex Parte J Blackwood & Son Limited (1992) 36 FCR 144 referred to Re Johnson; Ex Parte Johnson v Tonkin (1994) 53 FCR 70 referred to Re Moss; Ex parte Tour Finance Ltd [1969] ALR 285 distinguished Re Roberts; Ex Parte Bower (1994) 48 FCR 350 referred to Re Sgambellone; Ex Parte Jacques (1994) 53 FCR 275 referred to Schekeloff; Ex Parte Schekeloff v The Hopkins Group Pty Limited (1989) 22 FCR 407 questioned Wiltshire-Smith v Mellor Olsson (1995) 57 FCR 572 distinguished ANTHONY MURDACA v ACCOUNTS CONTROL MANAGEMENT SERVICES PTY LTD AND JASON LLOYD PORTER AND IAN CHARLES FRANCIS (AS TRUSTEE IN BANKRUPTCY) NSD 2268 OF 2006