Advance Bank Australia Ltd v Nassar A & Ors [1995] FCA 21

Advance Bank Australia Ltd v Nassar A & Ors [1995] FCA 21

The application was dismissed because insufficient material was provided to justify the order sought, the identities of the relevant individuals were not disclosed, and the court found no strong prospect of success on appeal or reason to exercise its discretion in Mr Nassar's favour.

Parties
Applicant: Advance Bank Australia Limited; First Respondent: Abdo Nassar; Second Respondent: Kym Albert Weir; Third Respondent: Peter John Balnaves; Fourth Respondent: Kenneth W Johns; Fifth Respondent: Mr Thomas G Rodda; Trustee: Mr Peter Macks
Jurisdiction
Australia
Judgment Date
23 January 1995
Procedural Posture
Bankruptcy Application / Interlocutory Application for Injunction Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Sequestration Order, Injunction, Trustee Powers
Bankruptcy Stay of Sequestration Order Injunction Trustee Powers

Case Brief

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Parties

Advance Bank Australia Limited

Applicant

Abdo Nassar

First Respondent

Kym Albert Weir

Second Respondent

Peter John Balnaves

Third Respondent

Kenneth W Johns

Fourth Respondent

Mr Thomas G Rodda

Fifth Respondent

Mr Peter Macks

Trustee

Procedural Posture

Bankruptcy Application / Interlocutory Application for Injunction Pending Appeal

Legal Issues

  1. 1 Whether the court should restrain the trustee from communicating with certain individuals pending appeal
  2. 2 Whether the application constitutes a stay of sequestration order

Ratio Decidendi

The application was dismissed because insufficient material was provided to justify the order sought, the identities of the relevant individuals were not disclosed, and the court found no strong prospect of success on appeal or reason to exercise its discretion in Mr Nassar's favour.

Court Disposition

Application dismissed

Orders

  • Application by Mr Nassar for an injunction is dismissed.