Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dunlop v Fishburn [2011] FCA 1194 Citation: Dunlop v Fishburn [2011] FCA 1194
Parties: JAMES HENRY DUNLOP v MICHAEL GEORGE FISHBURN, JOHN JAMES WATSON, CHRISTOPHER MARTIN O'BRIEN, SAMUEL BOYD COUPER AND MORGAN JAMES CHUBB AS TRUSTEE OF THE BANKRUPT ESTATE OF JAMES HENRY DUNLOP
File number(s): NSD 1686 of 2011
Judge: KATZMANN J
Date of judgment: 21 October 2011
Catchwords: PRACTICE AND PROCEDURE – Application for stay of proceedings before application for an extension of time to file notice of appeal – writ of possession about to be executed – whether power to stay proceedings before appeal instituted – s 25 of the Federal Court of Australia Act 1976 (Cth) – considerations relevant to the exercise of discretion to grant stay BANKRUPTCY – Sequestration order – question of solvency
Legislation: Bankruptcy Act 1966 (Cth) ss 37(2), 52(3) Federal Court of Australia Act 1976 (Cth) ss 25(2B)(ab), (2BA), 29 Federal Court Rules 1979 O 52 r 15(1)(a) Federal Court Rules 2011 rr 1.34, 9.05 Federal Magistrates Court Rules 2001 r 16.05(2)(a)
Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Australian Workers Union v Pilkington (Aust) Ltd (2000) 101 FCR 35 Bryant v Commonwealth Bank of Australia (1996) 134 ALR 460 Chubb v Dunlop [2011] FMCA 813 Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCAFC 167 Fishburn v Dunlop [2009] FMCA 1331 Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 3) (1998) 86 FCR 374 Keith Smith East West Transport Pty Ltd v Australian Taxation Office [2002] NSWCA 264 Shirreff v Beck Legal Pty Ltd (2010) 119 ALD 284 Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87
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