Worchild v The Drink Nightclub (Qld) Pty Ltd [2005] FCA 1897

The application was dismissed because there was no substantial ground of appeal and no significant risk of asset loss in the event a stay was not granted.

Jurisdiction: Australia
Judgment Date: 28 October 2005
Procedural Posture: Application / Post Sequestration Order; Application to Stay Dismissed
Outcome: application dismissed
Legal Topics: ['application for Stay' 'appeal Against Sequestration Order']

['bankruptcy'] ['application for Stay' 'appeal Against Sequestration Order']

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Procedural Posture

Application / Post Sequestration Order; Application to Stay Dismissed

Legal Issues

1 ['Is there a substantial chance of success on appeal against the making of the sequestration order?' 'Is there a significant risk that any asset will be lost if a stay is not granted pending appeal?']

Ratio Decidendi

The application was dismissed because there was no substantial ground of appeal and no significant risk of asset loss in the event a stay was not granted.

Court Disposition

application dismissed

Orders

['The application filed 18 October 2005 be dismissed.' "The applicant pay the respondent's costs of the application."]