Federal Court of Australia
Federal Court of Australia
Pekar v Jess (Trustee) [2021] FCA 1519 File number(s): VID 81 of 2017
Judgment of: MORTIMER J
Date of judgment: 1 December 2021
Date of publication: 2 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for stay of proceedings – application dismissed
Legislation: Bankruptcy Act 1966 (Cth), s 104 Federal Court of Australia Act 1976 (Cth), s 37AO(2)(b)
Cases cited: Holden in His Capacity as Trustee of the Bankrupt Estate of Pekar v Pekar [2017] FCCA 22 Pekar v Holden (Trustee) [2017] FCA 596 Pekar v Jess (Trustee) [2020] FCA 1250 Pekar v Jess (Trustee) [2021] FCA 1325
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 20
Date of hearing: 1 December 2021
Solicitor for the Appellant Hopkins Lawyers
Counsel for the Respondent: Mr E Moon
Solicitor for the Respondent: Rothwell Lawyers
ORDERS VID 81 of 2017
BETWEEN: IDA PEKAR Appellant
AND: MATTHEW JAMES JESS AND MATTHEW KUCIANSKI AS JOINT TRUSTEES OF THE BANKRUPT ESTATE OF FIMA PEKAR Respondent
order made by: MORTIMER J DATE OF ORDER: 1 DECEMBER 2021
THE COURT ORDERS THAT:
1. The interlocutory application filed on 1 December 2021 on behalf of Ida Pekar be dismissed. 2. There be no order as to the costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Delivered ex tempore and revised)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate