Federal Court of Australia
Federal Court of Australia
Storry v Weir [2022] FCA 362 Appeal from: Weir v Storry [2022] FedCFamC2G 183
File number(s): QUD 103 of 2022
Judgment of: COLLIER J
Date of judgment: 7 April 2022
Catchwords: PRACTICE AND PROCEDURE – application for interim orders to stay sequestration order of Federal Circuit and Family Court of Australia – whether arguable point on the proposed appeal or rational prospect of success –balance of convenience
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Magistrates Courts Act 1921 (Qld) Uniform Civil Procedure Rules 1999 (Qld)
Cases cited: Cook's Construction Pty Ltd v Stork Food Systems Australasia Pty Ltd [2008] QCA 322 Cox v Journeaux (No 2) [1935] 52 CLR 713 Dyer v Chrysanthou (No 4) [2022] FCA 51 Faulkner v Bluett [1981] FCA 3 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 National Road Transport Association Ltd v Road Safety Remuneration Tribunal (No 2) [2016] FCAFC 58 Obeid v The Queen [2016] HCA 9 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 Viagogo AG v Australian Competition and Consumer Commission [2021] FCA 175 Weir v Storry [2022] FedCFamC2G 183 Wynch v Ketchell [2001] QCA 391
Division: General Division
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