Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goodman v Thomson Maloney & Partners Pty Ltd trading as Charter Keck Cramer [2011] FCA 97 Citation: Goodman v Thomson Maloney & Partners Pty Ltd trading as Charter Keck Cramer [2011] FCA 97
Appeal from: Application for leave to appeal: Goodman v Thomson Maloney & Partners Pty Ltd trading as Charter Keck Cramer [2010] FCA 1185
Parties: MORRIS GOODMAN, GRETA GOODMAN and WORLDWIDE ENTERPRISES PTY LTD (ACN 083 154 741) (IN LIQUIDATION) v THOMSON MALONEY & PARTNERS PTY LTD (ACN 006 085 141) TRADING AS CHARTER KECK CRAMER (A FIRM)
File number: VID 947 of 2010
Judge: GRAY J
Date of judgment: 1 February 2011
Catchwords: BANKRUPTCY – action commenced by person who subsequently becomes bankrupt – whether application for leave to appeal from order requiring payment of security for costs is action for personal injury or wrong done to bankrupt – no election by trustee in bankruptcy – pending appeal against sequestration order – whether application for leave to appeal should be dismissed or stayed – bankrupt's spouse also applicant for leave to appeal – whether application for leave to appeal should be stayed altogether or only so far as concerns bankrupt
Legislation: Bankruptcy Act 1966 (Cth) ss 60(2), 60(3), 60(4), 60(5), 116(2)(g)
Cases cited: Finikiotis v Knight Frank (SA) Pty Ltd [2001] FCA 1733 followed Jambrecina v Official Trustee in Bankruptcy [2003] FCA 1352 distinguished McKellar v Container Terminal Management Services Ltd (No 4) [2002] FCA 185 followed
Date of hearing: 1 February 2011
Place: Melbourne
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