Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liprini v Liprini [2010] FCA 1117 Citation: Liprini v Liprini [2010] FCA 1117
Appeal from: Liprini v Liprini [2010] FMCA 657
Parties: ALLAN STEPHEN LIPRINI v KEVIN LIPRINI
File number(s): NSD 1237 of 2010 NSD 1238 of 2010
Judge: JAGOT J
Date of judgment: 8 October 2010
Catchwords: BANKRUPTCY AND INSOLVENCY – motion for stay of a sequestration order until the appeal against the sequestration order is heard – balance of convenience
Cases cited: Boumelhem v Commonwealth Bank of Australia [2008] FCA 1568 Freeman v National Australia Bank Ltd [2002] FCA 427 Harvey v Phillips (1956) 95 CLR 235 Liprini v Liprini [2010] NSWCA 126 Liprini v Liprini [2010] FMCA 657
Date of hearing: 8 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Appellant: The appellant appeared in person
Counsel for the Respondent: Mr M Roset
Solicitor for the Respondent: Redmond Hale Simpson Solicitors
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1237 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ALLAN STEPHEN LIPRINI
Appellant
AND: KEVIN LIPRINI
Respondent
JUDGE: JAGOT J
DATE OF ORDER: 8 OCTOBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The notices of motion in proceedings NSD 1237 of 2010 and NSD 1238 of 2010 filed by Dr Allan Stephen Liprini on 30 September 2010 be dismissed. 2. The respondent's costs, as agreed or taxed, be paid out of the estate of Dr Allan Stephen Liprini with the same priority as on the making of the sequestration order. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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