NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bremner v French (No 5); Aesthete 101 Pty Ltd v Stone (No 2) [2024] NSWSC 835 Hearing dates: 28 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Equity Before: Parker J Decision: See [42]-[43] Catchwords: CIVIL PROCEDURE — federal jurisdiction — special federal matters — Bankruptcy Act 1966 (Cth) — personal insolvency agreement — debtor a co-owner of five properties subject to orders appointing statutory trustee for sale — debtor assigns interest in three of the properties to PIA trustee — PIA trustee assigns debtor's interest to purchasers — proceedings by purchasers against sale trustee and other co-owner to obtain registration — whether jurisdiction "in bankruptcy" CIVIL PROCEDURE — application for injunction in nature of stay of previously made orders creating statutory trust for sale pending appeal — prima facie case — failure to join necessary party — application to vary substantive orders —Woods v Sheriff of Queensland (1895) 6 QLJ 163 — discretion — balance of convenience — order for sale of property by trustee — application refused Legislation Cited: Bankruptcy Act 1966 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Property Law Act 1958 (Vic) Transfer of Land Act 1958 (Vic) Cases Cited: Bremner v French (No 4); Aesthete 101 Pty Ltd v Stone [2024] NSWSC 793 House v The King (1936) 55 CLR 499 John Alexander's Clubs Pty Ltd v White City Tennis Club (2010) 241 CLR 1 LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 Re Galtari Pty Ltd [2018] NSWSC 917 Woods v Sherriff of Queensland (1895) 6 QLJ 163 Texts Cited: Nil Category: Procedural rulings Parties: 2014 Proceedings Notice of Motion filed 8 June 2024 Aesthete 101 Pty Limited (First Applicant) Aesthete 102 Pty Limited (Second Applicant) Aesthete 103 Pty Limited (Third Applicant) Jason Stone (First Respondent) Christopher Piers Julian Bremner (Second Respondent) Frank Lo Pilato (Third Respondent)
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