Kellow v Dudzinski [2003] FCA 143

Kellow v Dudzinski [2003] FCA 143

The stay was refused because the sequestration order did not inhibit or prohibit Mr Dudzinski from commencing or prosecuting an appeal against the order; the right of appeal was not property vesting in the Trustee, and the other matters relied on did not justify a stay under ordinary stay principles.

Jurisdiction
Australia
Judgment Date
03 March 2003
Procedural Posture
Bankruptcy / Application for a Stay of a Sequestration Order and Extension of Time to Appeal
Outcome
Application for stay refused; no order as to costs; time for lodging appeal extended.
Legal Topics
['sequestration Order' 'stay Pending Appeal' 'right of Bankrupt to Appeal' 'property Vesting in Trustee']
['bankruptcy' 'appeals'] ['sequestration Order' 'stay Pending Appeal' 'right of Bankrupt to Appeal' 'property Vesting in Trustee']

Case Brief

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Procedural Posture

Bankruptcy / Application for a Stay of a Sequestration Order and Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the making of a sequestration order prevents a bankrupt from appealing the sequestration order.' 'Whether a right to appeal a sequestration order is property that vests in the Trustee.' 'Whether a stay of the sequestration order should be granted.']

Ratio Decidendi

The stay was refused because the sequestration order did not inhibit or prohibit Mr Dudzinski from commencing or prosecuting an appeal against the order; the right of appeal was not property vesting in the Trustee, and the other matters relied on did not justify a stay under ordinary stay principles.

Court Disposition

Application for stay refused; no order as to costs; time for lodging appeal extended.

Orders

  • ['The application for a stay of the sequestration order is refused.' 'There be no orders as to costs of the motion for a stay.' 'Any appeal from the making of the sequestration order made on 20 February be lodged by 4 pm on Monday, 24 March.']