Federal Court of Australia
Federal Court of Australia
Ghougassian v The Trustee of the Property of Ghougassian, in the matter of Ghougassian (a bankrupt) (No 3) [2023] FCA 510 File number(s): NSD 1136 of 2022
Judgment of: GOODMAN J
Date of judgment: 24 May 2023
Catchwords: PRACTICE AND PROCEDURE – orders made for possession of property owned by bankrupt – no appeal – writ of possession issued – application made on an urgent basis for a stay of the execution of the writ of possession so as to allow an opportunity to provide an amended proposal under s 73(1) of the Bankruptcy Act 1966 (Cth) – opportunity squandered – further application to extend the stay of the execution of the bankruptcy order – application dismissed
Legislation: Bankruptcy Act 1966 (Cth), s 73(1) Federal Court Rules 2011 (Cth), r 41.11 Insolvency Practice Rules (Bankruptcy) 2016 (Cth), r 75-175
Cases cited: Endormer Pty Ltd (in liq) v Australian Guarantee Corporation Ltd [2001] FCA 15 Ghougassian v The Trustee of the Property of Ghougassian, in the matter of Ghougassian (a bankrupt) (No 2) [2023] FCA 513 Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian [2022] FCA 1117 Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian (No 3) [2022] FCA 1532 McInerney, in the matter of Ghougassian v Ghougassian [2020] FCA 1230
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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