Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Young v Hughes Trueman Pty Ltd (No 2) [2017] FCA 616 Appeal from: Hughes Trueman Pty Ltd & Anor v Young [2017] FCC 468
File number: NSD 556 of 2017
Judge: MARKOVIC J
Date of judgment: 1 June 2017
Catchwords: PRACTICE AND PROCEDURE – application for stay of proceedings on sequestration order pending appeal – whether an arguable point on appeal – whether balance of convenience favours grant of a stay – application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Hussain v CSR Building Products Ltd (2016) 246 FCR 62 International Alpaca Management Pty Ltd v Ensor [1999] FCA 72 Nolten v Groeneveld Australia Pty Ltd [2011] FCA 1494
Date of hearing: 17 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 76
Counsel for the Appellant: Mr R Newell
Solicitor for the Appellant: L C Muriniti & Associates
Counsel for the Respondents: Mr S Gray
Solicitor for the Respondents: Kennedys
ORDERS NSD 556 of 2017
BETWEEN: MARGO YOUNG Appellant
AND: HUGHES TRUEMAN PTY LTD First Respondent
STEPHEN JOHN PERRENS Second Respondent
JUDGE: MARKOVIC J DATE OF ORDER: 1 JUNE 2017
THE COURT ORDERS THAT:
1. Paragraph 1 of the appellant's amended interlocutory process filed on 21 April 2017 be dismissed. 2. The appellant pay the first and second respondents' costs of paragraph 1 of the amended interlocutory process filed on 21 April 2017. 3. The proceeding be listed for a case management hearing at 9.30 am on 8 June 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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