Federal Court of Australia
Federal Court of Australia
The Official Trustee in Bankruptcy v Shaw (No 2) [2023] FCA 444 File number(s): VID 361 of 2021
Judgment of: COLLIER J
Date of judgment: 9 May 2023
Catchwords: PRACTICE AND PROCEDURE – oral application for adjournment or stay – relevant principles.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AO, 37M Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Alexander v Cambridge Credit Corp Ltd (recs apptd) (1985) 2 NSWLR 685 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; [2009] 239 CLR 175 Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 756 Citrus Queensland Pty Ltd v Sun State Orchards Pty Ltd [2008] FCA 1867 Cook's Construction Pty Ltd v Stork Food Systems Australasia Pty Ltd [2008] QCA 322; [2008] 2 Qd R 453 Esco Corporation v PAC Mining Pty Ltd [2008] FCA 1018 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Oshlack v Richmond River Council [198] HCA 11; 193 CLR 72 Power Flex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 Re Middle Harbour Investments Ltd (in liq) (CA (NSW), 15 December 1976, unreported) The Official Trustee in Bankruptcy v Shaw [2023] FCA 298 Young v Hughes Trueman Pty Ltd (No 5) [2017] FCA 690 Zetta Jet Pte. Ltd v The Ship "Dragon Pearl" [2018] FCA 878
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