Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
George v Fletcher (Trustee) [2011] FCA 952 Citation: George v Fletcher (Trustee) [2011] FCA 952
Appeal from: Fletcher v George & Ors [2011] FMCA 553
Parties: LAUREN KAY GEORGE v WILLIAM JOHN FLETCHER AS TRUSTEE FOR THE BANKRUPT ESTATE OF LAUREN KAY GEORGE, DR PETER IRONSIDE PTY LTD ACN 008 126 387, DR PETER DOUGLAS IRONSIDE, NATIONAL AUSTRALIA BANK LIMITED ABN 12 004 044 937 and SUSAN WILSON
File number: QUD 192 of 2011
Judge: LOGAN J
Date of judgment: 10 August 2011
Catchwords: PRACTICE AND PROCEDURE – application for stay of judgment under appeal – whether appellant has demonstrated a reason to exercise the discretion in favour of a stay – where appellant had raised an arguable case about denial of procedural fairness – where if stay was not granted appellant may suffer loss – where appeal could not be heard for six months – where trustee would incur expense if stay not granted – stay granted
Legislation: Bankruptcy Act 1996 (Cth) s116 Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Fletcher v George & Ors [2011] FMCA 553 cited George v Fletcher (Trustee) [2010] FCAFC 53 cited Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 followed
Date of hearing: 10 August 2011
Place: Brisbane
Division: GENERAL DIVISION
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