Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
George v Fletcher (Trustee) [2009] FCA 264 PRACTICE AND PROCEDURE – application for leave to appeal orders of Federal Magistrate – application for stay of orders of Federal Magistrate pending related proceedings in Supreme Court – question of whether all of applicant's evidence was before Federal Magistrate – prejudice to applicant if leave to appeal and stay of orders not granted – prejudice to respondents Held: Leave to appeal granted. Orders of Federal Magistrate stayed pending delivery of judgment in the appeal. Federal Court of Australia Act 1976 (Cth) s 24(1)A Federal Magistrates Act 1999 (Cth) s 17A
Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 cited Cook's Construction Pty Ltd v Stork Food Systems Australia Pty Ltd [2008] QCA 322 cited Croker v Commonwealth of Australia [2007] FCA 1593 cited Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655; (1991) 33 FCR 397 applied Fletcher v George & Ors (No 6) [2009] FMCA 69 related Harrington v Rich [2008] FCAFC 61 applied Telstra Corporation Ltd v AAPT Ltd [1997] 38 IPR 530 applied LAUREN KAY GEORGE (A BANKRUPT) v WILLIAM JOHN FLETCHER AS TRUSTEE FOR THE BANKRUPT ESTATE OF LAUREN KAY GEORGE (A BANKRUPT), DR PETER IRONSIDE PTY LTD (ACN 008 126 387), PETER DOUGLAS IRONSIDE, NATIONAL AUSTRALIA BANK and SUSAN JANE WILSON
QUD 47 of 2009
COLLIER J
25 MARCH 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 47 of 2009
BETWEEN: LAUREN KAY GEORGE (A BANKRUPT)
Appellant
AND: WILLIAM JOHN FLETCHER AS TRUSTEE FOR THE BANKRUPT ESTATE OF LAUREN KAY GEORGE (A BANKRUPT)
First Respondent
DR PETER IRONSIDE PTY LTD (ACN 008 126 387)
Second Respondent
PETER DOUGLAS IRONSIDE
Third Respondent
NATIONAL AUSTRALIA BANK
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