Wealthsure Pty Limited v Selig (No 2) [2013] FCA 847

The basis for the stay of execution in favour of Mr Bertram no longer exists, as the Official Trustee has elected to discontinue Mr Bertram's appeal. The stay must be capable of reconsideration under the liberty to apply provision, and no proper prejudice to Wealthsure warrants maintaining the stay against Mr Bertram, who is no longer challenging the judgment.

Jurisdiction: Australia
Judgment Date: 21 August 2013
Procedural Posture: Application / Post Judgment, Stay of Execution, Interlocutory Application
Outcome: Application granted; stay of execution in favour of Mr Bertram discharged.
Legal Topics: ['stay of Execution' "bankruptcy Trustee's Election" 'scope of Liberty to Apply Provision']

['practice and Procedure' 'bankruptcy'] ['stay of Execution' "bankruptcy Trustee's Election" 'scope of Liberty to Apply Provision']

Case Brief

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Procedural Posture

Application / Post Judgment, Stay of Execution, Interlocutory Application

Legal Issues

1 ['Whether the application to discharge the stay is within the liberty to apply provision' 'Whether circumstances justifying the stay have changed due to the abandonment of appeal' 'Whether Wealthsure will suffer prejudice if the stay is lifted']

Ratio Decidendi

Court Disposition

Application granted; stay of execution in favour of Mr Bertram discharged.

Orders

['The stay of execution in favour of Mr Bertram made on 25 June 2013 be discharged.']