Bowin Designs Pty Ltd v Leslie [2000] FCA 530

Bowin Designs Pty Ltd v Leslie [2000] FCA 530

The debtor did not show any arguable ground of appeal or any reason to doubt that the sequestration order was correctly made. His affidavits and submissions did not explain or support the stated appeal grounds, and his concerns about the Wallsend Local Court action and his work as a debt collector were not shown to be relevant to the stay application or to the making of a sequestration order. The motion was therefore refused with costs.

Jurisdiction
Australia
Judgment Date
07 March 2000
Procedural Posture
Bankruptcy Proceeding Concerning a Sequestration Order / Motion by the Debtor for a Stay of the Sequestration Order Pending Appeal/review
Outcome
Motion refused with costs.
Legal Topics
['sequestration Order' 'stay Pending Appeal' 'act of Bankruptcy' 'sufficient Cause' 'abuse of Process']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'stay Pending Appeal' 'act of Bankruptcy' 'sufficient Cause' 'abuse of Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Proceeding Concerning a Sequestration Order / Motion by the Debtor for a Stay of the Sequestration Order Pending Appeal/review

Legal Issues

  1. 1 ["Whether the sequestration order should be stayed pending the debtor's appeal/review." 'Whether the debtor demonstrated any reason to doubt that the sequestration order was correctly made or any arguable point on appeal.' "Whether the debtor's evidence and submissions supported his stated grounds of appeal."]

Ratio Decidendi

The debtor did not show any arguable ground of appeal or any reason to doubt that the sequestration order was correctly made. His affidavits and submissions did not explain or support the stated appeal grounds, and his concerns about the Wallsend Local Court action and his work as a debt collector were not shown to be relevant to the stay application or to the making of a sequestration order. The motion was therefore refused with costs.

Court Disposition

Motion refused with costs.

Orders

  • ['The motion of Frederick John Leslie, notice of which was filed on 20 December 1999, is refused with costs.']