Federal Court of Australia
Federal Court of Australia
Kimber v Clark in his capacity as trustee of the property of Kimber [2023] FCA 310 File number: NSD 207 of 2023
Judgment of: BROMWICH J
Date of judgment: 31 March 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for stay of writ of possession and notice to vacate – where applicant has filed an application for annulment of bankruptcy – where the applicant did not establish that she has any arguable prospect of obtaining an annulment of her bankruptcy – held: interlocutory application dismissed with costs.
Legislation: Bankruptcy Act 1966 (Cth) ss 153B, 154(3), 116(2)(g)
Cases cited: Clark and Aravanis in their capacity as joint and several trustees of the property of Kimber v Owners Corporation SP48216 (No 2) [2021] FedCFamC2G 62 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 Kimber v Clark in his capacity as trustee of the property of Kimber [2022] FCAFC 198
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 23
Date of last submissions: 29 March 2023
Date of hearing: 28 March 2023
Counsel for the Applicant: Self-represented
Counsel for the Respondent: Ms M Castle
Solicitor for the Respondent: Daniela Fazio Lawyers Pty Ltd
Solicitor for the supporting creditor: Grace Lawyers Pty Ltd (did not appear)
ORDERS NSD 207 of 2023
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