Maxwell-Smith v Donnelly [2011] FCA 1412

Maxwell-Smith v Donnelly [2011] FCA 1412

The notice of motion should be dismissed as there is no evidentiary basis for a stay of the possession order, no grounds for staying taxation, nor for waiving or deferring court fees or providing further assistance; prior inquiries and appeals have addressed the applicants' claims.

Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Interlocutory Application in an Appeal / Application for a Stay Pending Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
['stay of Orders' 'writ of Possession' 'bankruptcy Trustee Inquiry' 'taxation of Costs' 'waiver of Court Fees']
['bankruptcy'] ['stay of Orders' 'writ of Possession' 'bankruptcy Trustee Inquiry' 'taxation of Costs' 'waiver of Court Fees']

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

Interlocutory Application in an Appeal / Application for a Stay Pending Appeal

Legal Issues

  1. 1 ['Whether there is a basis to grant a stay of the order for possession of property.' 'Whether a stay of taxation of costs should be granted.' 'Whether court fees should be waived, reduced, or deferred.' 'Whether assistance should be granted for another appeal or inquiry under s 179 of Bankruptcy Act.']

Ratio Decidendi

The notice of motion should be dismissed as there is no evidentiary basis for a stay of the possession order, no grounds for staying taxation, nor for waiving or deferring court fees or providing further assistance; prior inquiries and appeals have addressed the applicants' claims.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion filed on 7 November 2011 be dismissed with costs.']