Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brookfield v Capital Finance Australia Limited [2012] FCA 415 Citation: Brookfield v Capital Finance Australia Limited [2012] FCA 415
Appeal from: Capital Finance Australia Limited v Brookfield [2012] FMCA 165
Parties: IAN WALTER BROOKFIELD v CAPITAL FINANCE AUSTRALIA LIMITED
File number: NSD 524 of 2012
Judge: COWDROY J
Date of judgment: 23 April 2012
Catchwords: PRACTICE AND PROCEDURE – application for extension of time for leave to appeal from sequestration order – applicant claiming sequestration order should be set aside because of expectation of future funds – applicant unable to pay debts as they fall due – prospect of success on appeal – application dismissed PRACTICE AND PROCEDURE – application for stay of proceedings – proceedings pending to set aside judgment upon which debt is based – merits insufficient to warrant relief – application dismissed
Legislation: Federal Court of Australia Rules 2011, r 36.05 Federal Magistrates Court Rules 2001, r 16.05
Cases cited: Allfox Building Pty Ltd v Bank of Melbourne Ltd (unreported, Supreme Court of NSW, 6 May 1992) Bank of Australasia v Hall (1907) 4 CLR 1514 Capital Finance Australia Limited v Brookfield [2012] FMCA 165 Gallo v Dawson (1990) 93 ALR 479 Hughes v National Trustees Executors and Agency Co of Australasia Ltd [1978] VR 257 Sandell v Porter (1966) 115 CLR 666
Date of hearing: 23 April 2012
Place: Sydney
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