Ritson v Commissioner of Police, New South Wales Police Force [2021] FCA 1315

Federal Court of Australia

Ritson v Commissioner of Police, New South Wales Police Force [2021] FCA 1315 Appeal from: Commissioner of Police (NSW) v Ritson (No 5) [2021] FCCA 1835 Commissioner of Police (NSW) v Ritson (No 6) [2021] FCCA 1942

File number(s): NSD 898 of 2021

Judgment of: HALLEY J

Date of judgment: 24 September 2021

Date of publication of reasons: 27 October 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application pursuant to r 36.08 of the Federal Court Rules 2011 (Cth) that a sequestration order be stayed pending determination of the appeal – where appellant is a bankrupt – where stay is sought to enable the appellant to pursue proceedings in the Queensland Civil and Administrative Tribunal (QCAT proceeding) – whether there is a reason, or this is an appropriate case, to warrant the exercise of the discretion – whether the appeal has a rational prospect of success or there is an arguable point in the appeal – whether balance of convenience favours the stay of the sequestration order – sequestration order suspended to extent necessary to permit appellant to pursue QCAT proceeding – interlocutory application otherwise dismissed

Legislation: Bankruptcy Act 1966 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 29 Federal Court Rules 2011 (Cth) r 36.08

Cases cited: Clifford v Vegas Enterprises Pty Ltd [2009] FCA 1204 Commissioner of Police (NSW) v Ritson (No 6) [2021] FCCA 1942 Commissioner of Police (NSW) v Ritson (No 5) [2021] FCCA 1835 James v Commonwealth Bank of Australia (2015) 236 FCR 379; [2015] FCA 582 Ritson v Commissioner of Police [2013] NSWSC 1396 Ritson v Commissioner of Police, New South Wales Police Force (2018) 332 FLR 182; [2018] FCCA 916 Ritson v Commissioner of Police, New South Wales Police Force (No 2) [2021] FCA 93 Ritson v Commissioner of Police, New South Wales Police Force (No 3) [2019] Ritson v Ryan [2021] QCATA 100