Nasr v International Air Transport Association [2016] NSWDC 346

District Court New South Wales

Medium Neutral Citation: Nasr v International Air Transport Association [2016] NSWDC 346 Hearing dates: 25 November 2016 Date of orders: 25 November 2016 Decision date: 25 November 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's Notice of Motion filed 3 November 2016 dismissed. (2) Defendant's Notice of Motion filed 21 November 2016 granted. (3) Statement of claim struck out and dismissed. (4) The plaintiff is to pay the defendant's costs of the Notice of Motion filed 21 November 2016 and of these proceedings. Catchwords: BANKRUPTCY – difference between discharge and annulment of bankruptcy – plaintiff sought to lift a stay on litigation following his discharge from bankruptcy – defendant sought summary dismissal of proceedings on the basis that mere discharge was insufficient – terms of the stay ordered by the court provided for the lifting of the stay only if the bankruptcy was annulled, in accordance with ss 58, 116 and 153 Bankruptcy Act 1966 (Cth) – plaintiff not entitled to a lifting of the stay as the right to sue remained vested in the trustee, who declined to conduct the litigation – defendant's application for summary dismissal granted. Legislation Cited: Bankruptcy Act 1966 (Cth), ss 43, 58, 116, 149 and 153 Uniform Civil Procedure Rules 2005 (NSW), r 42.2 Cases Cited: Cox v Journeaux (no 2) (1935) 52 CLR 713 Kovarfi v BMT & Associates Pty Ltd (No 2) [2014] NSWSC 100 Moss v Eaglestone [2011] NSWCA 404 Category: Principal judgment Parties: Plaintiff: Nabil Nasr Defendant: International Air Transport Association Representation: Counsel: Plaintiff: In person Defendant: Ms E Bathurst