Bunnings Forest Products P/L v. Bullen, E.G. & Ors [1994] FCA 940

Bunnings Forest Products P/L v. Bullen, E.G. & Ors [1994] FCA 940

There is no power to stay a declaratory order that a deed of arrangement is void under s.25(2)(d) of the Federal Court of Australia Act 1976 (Cth); even if such power existed, exceptional circumstances justifying a stay have not been demonstrated.

Source-derived case information.

Parties
Appellant: Bunnings Forest Products Pty Limited; First Respondent: Edmund Gerald Bullen; First Respondent: Susanne Lee Bullen; Second Respondent: David John Frost
Jurisdiction
Australia
Judgment Date
02 December 1994
Procedural Posture
Motion for Stay / Post Judgment Application Following Full Court Appeal
Outcome
Second respondent's motion for stay dismissed. Costs awarded to appellant. Adjournment of creditor's petition until resolution of special leave application indicated as appropriate.
Legal Topics
Stay of Proceedings, Deed of Arrangement, Powers of Federal Court Under S.25(2)(d) Federal Court of Australia Act
Bankruptcy Civil Procedure Stay of Proceedings Deed of Arrangement Powers of Federal Court Under S.25(2)(d) Federal Court of Australia Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bunnings Forest Products Pty Limited

Appellant

Edmund Gerald Bullen

First Respondent

Susanne Lee Bullen

First Respondent

David John Frost

Second Respondent

Procedural Posture

Motion for Stay / Post Judgment Application Following Full Court Appeal

Legal Issues

  1. 1 Whether the Federal Court has power to stay a declaratory order declaring a deed of arrangement void under s.25(2)(d) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether, assuming such power, a stay should be granted pending an application for special leave to appeal to the High Court

Ratio Decidendi

There is no power to stay a declaratory order that a deed of arrangement is void under s.25(2)(d) of the Federal Court of Australia Act 1976 (Cth); even if such power existed, exceptional circumstances justifying a stay have not been demonstrated.

Court Disposition

Second respondent's motion for stay dismissed. Costs awarded to appellant. Adjournment of creditor's petition until resolution of special leave application indicated as appropriate.

Orders

  • The second respondent's motion be dismissed.
  • The second respondent pay the appellant's costs of that motion to be taxed.