Menzies v Paccar Financial Pty Ltd (ACN 005 592 049) [2010] FCA 692

FEDERAL COURT OF AUSTRALIA

Menzies v Paccar Financial Pty Ltd (ACN 005 592 049) [2010] FCA 692 Citation: Menzies v Paccar Financial Pty Ltd (ACN 005 592 049) [2010] FCA 692

Appeal from: BP Australia Pty Ltd v Ian David Menzies & Ors [2010] FMCA 375

Parties: IAN DAVID MENZIES and COLLEEN ANNE MENZIES v PACCAR FINANCIAL PTY LTD (ACN 005 592 049)

File number(s): VID 495 of 2010

Judge: RYAN J

Date of judgment: 2 July 2010

Date of hearing: 1 July 2010

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 17

Counsel for the Appellants: Mr T Hall

Solicitor for the Appellants: Hall Partners

Counsel for the Respondent: Mr P Fary

Solicitor for the Respondent: Hopkins Lawyers

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION VID 495 of 2010

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: IAN DAVID MENZIES

First Appellant

COLLEEN ANNE MENZIES

Second Appellant

AND: PACCAR FINANCIAL PTY LTD (ACN 005 592 049)

Respondent

JUDGE: RYAN J

DATE OF ORDER: 1 JULY 2010

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for the transfer of the appeal to the New South Wales Registry of the Court be refused. 2. All proceedings under the sequestration order made on 11 June 2010 be stayed until the hearing and determination of the appeal or further order on condition that each of the appellants lodge with the trustee in bankruptcy ("the trustee") a statement of his or her affairs in conformity with s 54 of the Bankruptcy Act 1966 (Cth). 3. Liberty be reserved to any party and to the trustee to apply on not less than 48 hours' notice in writing to the other parties to the docket Judge to whom the appeal has been allocated. 4. The costs of all parties of this motion on notice dated 23 June 2010 including the costs of the hearing, be their costs in the appeal.