NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pascoe v Erten [2011] NSWSC 769 Hearing dates: 13 July 2011 Decision date: 22 July 2011 Jurisdiction: Common Law Before: Schmidt J Decision: The motion is dismissed with an order for costs in favour of the plaintiff. Catchwords: PROCEDURE - stay of proceedings sought pending Federal Magistrates Court decision - defendants are bankrupts - question of arguable point and balance of convenience - stay refused - costs Legislation Cited: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) Federal Court of Australia Act 1976 Cases Cited: De Robilliard v Carver [2007] FCAFC 73; (2007) 159 FCR 38 Ferella v Official Trustee in Bankruptcy (as trustee of the bankrupt estate of Ferella) (No 2) [2011] FCA 619 Nilant v Macchia [2000] FCA 1528; (2000) 104 FCR 238 Simon v Vincent J O'Gorman Pty Ltd (1979) 41 FLR 95 Re Coyle (1993) 42 FCR 72 Re Schierholter; Ex parte Geis (1978) 32 FLR 22 Wren v Mahony (1972) 126 CLR 212 Category: Procedural and other rulings Parties: Scott Darren Pascoe as trustee of the Bankrupt Estate of Ozkan Erten and the Bankrupt Estate of Nurdan Erten (Plaintiff) Ozkan Erten (First Defendant) Nurdan Erten (Second Defendant) Representation: Counsel: Mr DE Baran (Defendants) Solicitors: Grace Lawyers (Plaintiff) Maatouks Law Group Pty Ltd (Defendants) File Number(s): 2011/188559
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