Re Leczynski, Bogdan Ex Parte Hont, Helen Elene [1997] FCA 347

Re Leczynski, Bogdan Ex Parte Hont, Helen Elene [1997] FCA 347

The application for a further stay was refused because the statutory period had nearly expired, the applicant did not demonstrate irremedial harm, and Mr Leczynski had not paid or secured the judgment debt during the prior stay.

Parties
Debtor: Bogdan Leczynski; Substituted Petitioning Creditor: Helen Elene Hont
Jurisdiction
Australia
Judgment Date
05 May 1997
Procedural Posture
Bankruptcy / Application for Stay Following Sequestration Order
Outcome
Application for further stay refused
Legal Topics
Sequestration Order, Stay of Proceedings, Trustee Powers
Bankruptcy Sequestration Order Stay of Proceedings Trustee Powers

Case Brief

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Parties

Bogdan Leczynski

Debtor

Helen Elene Hont

Substituted Petitioning Creditor

Procedural Posture

Bankruptcy / Application for Stay Following Sequestration Order

Legal Issues

  1. 1 Whether a further stay of the sequestration order against Mr Leczynski should be granted

Ratio Decidendi

The application for a further stay was refused because the statutory period had nearly expired, the applicant did not demonstrate irremedial harm, and Mr Leczynski had not paid or secured the judgment debt during the prior stay.

Court Disposition

Application for further stay refused

Orders

  • Liberty to apply if urgency arises prior to 26 May 1997