Watts v Bendigo & Adelaide Bank Ltd (No 2) [2010] FCA 1429

Watts v Bendigo & Adelaide Bank Ltd (No 2) [2010] FCA 1429

Entry of information concerning the sequestration order on the National Personal Insolvency Index is not a proceeding under the sequestration order and is required by regulation, so the stay does not prevent such recording.

Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Appeal From Federal Magistrates Court / Motion Dismissed on Appeal
Outcome
Motion dismissed
Legal Topics
['sequestration Order' 'national Personal Insolvency Index' 'stay of Proceedings']
['bankruptcy' 'practice and Procedure'] ['sequestration Order' 'national Personal Insolvency Index' 'stay of Proceedings']

Case Brief

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Procedural Posture

Appeal From Federal Magistrates Court / Motion Dismissed on Appeal

Legal Issues

  1. 1 ['Whether the stay of proceedings under a sequestration order prevents recording of the order on the National Personal Insolvency Index']

Ratio Decidendi

Entry of information concerning the sequestration order on the National Personal Insolvency Index is not a proceeding under the sequestration order and is required by regulation, so the stay does not prevent such recording.

Court Disposition

Motion dismissed

Orders

  • ["The appellants' motion filed on 8 November 2010 is dismissed."]