Federal Court of Australia
Federal Court of Australia
Scott v NIMLAW Pty Ltd (No 2) [2023] FCA 1472 File number(s): SAD 104 of 2023
Judgment of: O'BRYAN J
Date of judgment: 24 November 2023
Date of publication of reasons: 27 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for a stay of orders dismissing an application to set aside a bankruptcy notice pending the determination of an application for leave to appeal against the orders – preliminary assessment that the prospects of success on the application for leave to appeal are poor – applicant will not suffer material prejudice if stay refused and is successful on the appeal – application refused
Legislation: Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(6A), 41(7), 43, 44, 52 Federal Court Rules 2011 (Cth), rr 36.08, 41.03, 41.11
Cases cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Endresz v Australian Securities and Investments Commission [2014] FCA 1139 Nimlaw Pty Ltd v Scott [2023] SADC 42 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 Scott v NIMLAW Pty Ltd [2023] FCA 1420
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 20
Date of hearing: 24 November 2023
Counsel for the Applicant: The Applicant was self-represented
Counsel for the Respondent: J Stewart-Rattray
Solicitor for the Respondent: Stewart-Rattray Lawyers
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