Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ekes v QBE Insurance (Australia) Limited [2011] FCA 230 Citation: Ekes v QBE Insurance (Australia) Limited [2011] FCA 230
Parties: HECTOR EKES v QBE INSURANCE (AUSTRALIA) LIMITED
File number: NSD 139 of 2011
Judge: COWDROY J
Date of judgment: 18 March 2011
Corrigendum: 19 April 2011
Catchwords: BANKRUPTCY – Application for stay of sequestration order pursuant to O 52 r 17 – whether circumstances justified a stay of proceedings – whether petitioning creditor was entitled to continue with bankruptcy proceedings in view of a compromise agreement in which the creditor participated in – whether proceedings constituted a 'fresh step' pursuant to s 229 of the Bankruptcy Act 1966 (Cth) – stay granted subject to conditions.
Legislation: Bankruptcy Act 1966 (Cth) ss 52(3), 188, 229 Federal Court of Australia Act 1976 s 24 Federal Court Rules O 52 r 17
Cases cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Coleman v Lazy Days Investment Pty Ltd (1994) 55 FCR 297 Evans v Heather Thiedeke Group Pty Ltd (1990) 95 ALR 424 Freeman v National Australia Bank Ltd [2002] FCA 427 Henderson and Ors v Amadio Pty Ltd and Ors (No 3) (1996) 65 FCR 66 Kellow v Dudzinski [2003] FCA 238 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 Re Middle Harbour Investments Ltd (In liq) (unreported), Court of Appeal NSW, 15 December 1976
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