NSW Caselaw
New South Wales Supreme Court
CITATION : Dr Falamaki v Wollongong City Council [2010] NSWSC 38
HEARING DATE(S) : 3 February 2010, 4 February 2010
JUDGMENT DATE : 16 February 2010
JUDGMENT OF : Schmidt J
DECISION : 1. The parties have liberty to apply on 5 days written notice, such liberty to be exercised no later than 28 days after the Federal Court upholds Dr Falamaki's appeal from the orders of Lloyd-Jones FMC of 8 December 2009. Otherwise the proceedings stand dismissed. 2. Costs are reserved.
CATCHWORDS : PROCEDURE - Supreme Court procedure - New South Wales - s 60(2) of the Bankruptcy Act 1966 (Cth) - effect of statutory abandonment of proceedings following bankruptcy - effect on claim for personal injury - s 60(4) of the Bankruptcy Act (Cth) - consequence of appeal to Federal Court - BANKRUPTCY - proceedings in connection with sequestration - petition and sequestration order - stay of proceedings - adjournment of hearing pending appeal to Federal Court - proceedings dismissed upon Federal Court's refusal of appeal
LEGISLATION CITED : Bankruptcy Act 1966 (Cth)
CATEGORY : Principal judgment
CASES CITED : Bryant v Commonwealth Bank of Australia (1997) 75 FCR 545 Daemar v Industrial Commission of New South Wales and Anor (No 2) 99 ALR 789
PARTIES : Plaintiff: Dr Masood Falamaki Defendant: Wollongong City Council
FILE NUMBER(S) : SC 2002/00069351
COUNSEL : Plaintiff: Dr Masood Falamaki, unrepresented Defendant: Mr B Hodgkinson SC with Mr D Shoebridge, counsel
SOLICITORS : Plaintiff: unrepresented Defendant: FCB - Workplace Lawyers and Consultants
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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