Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stratton v Bowles [2014] FCA 1180 Citation: Stratton v Bowles [2014] FCA 1180
Appeal from: Bowles v Stratton [2014] FCCA 2270
Parties: MELINDA MARGARET STRATTON v ROBIN GLYN BOWLES
File number: VID 613 of 2014
Judge: BEACH J
Date of judgment: 3 November 2014
Catchwords: BANKRUPTCY – stay of sequestration orders sought under r 36.08 of the Federal Court Rules 2011 (Cth) – distinction between staying a sequestration order and staying proceedings under a sequestration order – ss 37(2) and 52(3) of the Bankruptcy Act 1966 (Cth) – rights of appeal in Family Court proceeding – balance of convenience – general stay refused – appellant permitted to exercise and prosecute rights of appeal in Family Court proceeding pending hearing and determination of appeal
Legislation: Bankruptcy Act 1966 (Cth) ss 5(1), 37(2)(a), 52(3), 58 Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Burns v AMP Finance Ltd [2005] FCA 761 Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Kellow v Dudzinski [2003] FCA 143 Nand v Fuji Xerox Australia Pty Ltd [2014] FCA 757 Nolten v Groeneveld Australia Pty Ltd [2011] FCA 1494 Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65 Singh v Owners Strata Plan No 11723 [2012] FCA 538
Date of hearing: 3 November 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Appellant: The appellant appeared via telephone
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