Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lillas & Loel Lawyers Pty Ltd v Smits (No 2) [2016] FCA 106 File number: QUD 962 of 2015
Judge: LOGAN J
Date of judgment: 2 February 2016
Catchwords: BANKRUPTCY – interlocutory application – application to set aside sequestration order – effect of alternative application for stay of sequestration order – s 37(2) of the Bankruptcy Act 1966 (Cth) – qualification that s 37(2) of the Bankruptcy Act 1966 (Cth) does not affect the Court's power under s 52(3) of the Bankruptcy Act 1966 (Cth) to stay all proceedings under a sequestration order for a period not exceeding 21 days or affect the Court's power under r 36.08 of the Federal Court Rules 2011 (Cth) to stay the execution of a proceeding until an appeal is heard and determined – whether all proceedings under sequestration order should be stayed – respondent hopelessly insolvent – stay of all proceedings under sequestration order granted until expiry of appeal period – respondent granted liberty to apply for extension of stay if appeal instituted – respondent granted leave in that event to apply for security of costs – any application for extension of stay and application for security of costs to be heard together
Legislation: Bankruptcy Act 1966 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: de Robillard v Carver (2007) 159 FCR 381 House v The King (1936) 55 CLR 499 Lillas & Loel Lawyers Pty Ltd v Smits (2016) FCA 1
Date of hearing: 2 February 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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