Commonwealth Bank of Australia v Pattison [2012] FCA 1511

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Pattison [2012] FCA 1511 Citation: Commonwealth Bank of Australia v Pattison [2012] FCA 1511

Parties: COMMONWEALTH BANK OF AUSTRALIA v PAUL ANTHONY PATTISON

File number: VID 35 of 2012

Judge: JESSUP J

Date of judgment: 20 December 2012

Catchwords: PRACTICE AND PROCEDURE – application for stay of sequestration order – whether stay should be granted pending possible appeal – where no notice of appeal – where respondent has not instructed solicitors to provide advice on prospects of appeal – where respondent has not identified any appealable aspect of trial judgment – whether stay should be granted to prevent trustees incurring costs pending possible appeal – matters relevant to granting stay of sequestration order

Legislation: Bankruptcy Act 1966 (Cth) Federal Court Rules 2011

Cases cited: Nolten v Groeneveld Australia Proprietary Limited [2011] FCA 1494

Date of hearing: 20 December 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: CATCHWORDS

Number of paragraphs: 12

Counsel for the Applicant: Mr C Nichol

Solicitor for the Applicant: Gadens Lawyers

Counsel for the Respondent: The respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 35 of 2012

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

Applicant

AND: PAUL ANTHONY PATTISON

Respondent

JUDGE: JESSUP J DATE OF ORDER: 20 DECEMBER 2012 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondent's application for a stay of the operation of Orders 1, 2 and 3 made by the court on 17 December 2012 be dismissed. 2. The applicant's costs of the respondent's application for a stay be its costs in the administration of the estate of the respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.