Federal Court of Australia
Federal Court of Australia
Scott v NIMLAW Pty Ltd [2024] FCA 26 Appeal from: Application for leave to appeal: Scott v NIMLAW Pty Ltd (No 2) [2023] FCA 1472
File number(s): SAD 177 of 2023
Judgment of: MCELWAINE J
Date of judgment: 25 January 2024
Catchwords: BANKRUPTCY – Application for leave to appeal from interlocutory judgment of the Federal Court of Australia – where applicant sought a stay of orders dismissing her application to set aside a bankruptcy notice pending determination of an appeal – failure to identify error in the reasoning of the primary judge – no basis for the exercise of discretion to grant leave to appeal – application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 35.11
Cases cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 27; 261 CLR 132 Scott v NIMLAW Pty Ltd (No 2) [2023] FCA 1472 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: 11
Date of last submission/s: 22 December 2023 (Respondent) 8 January 2024 (Applicant)
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr P Quinn
Solicitor for the Respondent: Stewart Rattray Lawyers
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