Three Co-Owners of Real Property v Another Co-Owner and a Trustee in Bankruptcy (No 2) [2020] NSWSC 207

Three Co-Owners of Real Property v Another Co-Owner and a Trustee in Bankruptcy (No 2) [2020] NSWSC 207

The stay pending appeal was refused because the first defendant lacked standing to advance the proposed claims or appeal: her relevant property rights, adjustment claims, and any appeal rights had vested in the Trustee in Bankruptcy. In any event, she failed to demonstrate any reasonable basis or reasonably arguable ground for appeal; her wish to provide further information to the Trustee did not supply such a basis.

Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Civil Procedure Application for Stay Pending Appeal / Duty List Application on Notice of Motion Seeking Stay Pending Appeal From the February Judgment
Outcome
Stay pending appeal not granted; the dismissal of the first defendant's notice of motion filed 5 March 2020 took effect from midnight on 9 March 2020.
Legal Topics
['stay of Proceedings Pending Appeal' 'standing of Bankrupt Party' 'vesting of Property and Appeal Rights in Trustee in Bankruptcy' 'consent Orders Distributing Proceeds of Sale Paid Into Court']
['civil Procedure' 'bankruptcy' 'equity' 'property'] ['stay of Proceedings Pending Appeal' 'standing of Bankrupt Party' 'vesting of Property and Appeal Rights in Trustee in Bankruptcy' 'consent Orders Distributing Proceeds of Sale Paid Into Court']

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Procedural Posture

Civil Procedure Application for Stay Pending Appeal / Duty List Application on Notice of Motion Seeking Stay Pending Appeal From the February Judgment

Legal Issues

  1. 1 ['Whether orders made in the February Judgment should be stayed pending any appeal by the first defendant.' 'Whether the first defendant had standing to prosecute claims or an appeal concerning rights vested in her trustee in bankruptcy.' 'Whether the first defendant demonstrated reasonably arguable grounds of appeal.']

Ratio Decidendi

The stay pending appeal was refused because the first defendant lacked standing to advance the proposed claims or appeal: her relevant property rights, adjustment claims, and any appeal rights had vested in the Trustee in Bankruptcy. In any event, she failed to demonstrate any reasonable basis or reasonably arguable ground for appeal; her wish to provide further information to the Trustee did not supply such a basis.

Court Disposition

Stay pending appeal not granted; the dismissal of the first defendant's notice of motion filed 5 March 2020 took effect from midnight on 9 March 2020.

Orders

  • ['Dismiss the notice of motion filed 5 March 2020 purportedly on behalf of the first defendant.' 'Stay order 2 up to and including 9 March 2020.']