Bryant v Commonwealth Bank of Australia [1996] HCA 3

High Court of Australia Kirby J Bryant v Commonwealth Bank of Australia [1996] HCA 3

ORDER Summons dismissed

Judgment reserved

28 February 1996 Kirby J.

Mr Joseph Bryant (the applicant), by summons, seeks an order staying all proceedings upon a sequestration order made in the Federal Court of Australia by Lockhart J and confirmed by the full court of that Court (Beaumont J, Whitlam J and Moore J).

In separate proceedings, the applicant has sought special leave to appeal to this Court against the orders of the full Federal Court dismissing his appeal. The applicant is an unrepresented litigant. His application for special leave will, in due course, be considered by this Court in accordance with the procedures laid down by O 69A, r 13 of the High Court Rules 1952 Cth. At this stage, no decision has been made on the application for special leave.

The applicant argues that he is entitled to the stay in order to protect the utility of his application for special leave and, if successful, of the appeal which would follow. He also contends that an order is required to protect him in his capacity as a councillor of a local government authority in Sydney, from the consequence of disqualification from that office for bankruptcy, which might follow by the application of the Local Government Act 1993 NSW, s 234(e). This consideration, and a pending public examination of the applicant, listed for hearing on 28 February 1996, to discover his assets and liabilities, including the identity and interests of unsecured creditors, have lent an element of urgency to the resolution of the stay application.

The Commonwealth Bank of Australia (the respondent) opposed the provision of a stay. The trustee in bankruptcy appeared to submit to the orders of the Court. However, he suggested the need to resolve the application, if possible, before the date listed for the public examination of the applicant.