Federal Court of Australia
Federal Court of Australia
Shaw v Official Trustee in Bankruptcy of the Australian Financial Security Authority [2022] FCA 775 Appeal from: Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569 Application for extension of time and leave to appeal: Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 2) [2020] FCA 1575
File number/s: NSD 9 of 2022 NSD 42 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 5 July 2022
Catchwords: PRACTICE AND PROCEDURE – applications by the respondent (Trustee) for a stay of each of the appellate proceedings NSD 9 of 2022 and NSD 42 of 2022 (appellate proceedings) pending the determination of separate proceedings in the original jurisdiction of this Court - where the Trustee seeks a vexatious proceedings order in respect of Mr Shaw (VPO proceedings) – where Mr Shaw is self-represented – where there are overlapping issues arising in the appellate proceedings and the VPO proceedings – where the Trustee contends that if it is successful in the VPO proceedings the continuation of the appellate proceedings will result in substantial wasted costs being incurred – whether it is desirable and in the interests of justice to grant temporary stays of the appellate proceedings – whether the overarching purpose will be served by the grant of such stays – Held: applications successful.
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth), ss 23, 37AO, 37AR, 37M Federal Court Rules 2011 (Cth), rr 1.32, 30.01
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