Halls, Colleen May v Retravision (NSW) Pty Ltd & Anor Street, June Sheila v Retravision (NSW) Pty Ltd & Anor Street, Stanley v Retravision (NSW) Pty Ltd & Anor Halls, Francis Terence v Retravision (NSW) Pty Ltd & Anor [1995] FCA 838

Halls, Colleen May v Retravision (NSW) Pty Ltd & Anor Street, June Sheila v Retravision (NSW) Pty Ltd & Anor Street, Stanley v Retravision (NSW) Pty Ltd & Anor Halls, Francis Terence v Retravision (NSW) Pty Ltd & Anor [1995] FCA 838

The appeal grounds were held to be without merit, particularly as no evidence was led before the primary judge to contradict the debts owing or the act of bankruptcy, and the key basis on which an adjournment could have been granted (pendency of an appeal) had lapsed due to discontinuance. As such, no prospects of success existed, and the application for stay was refused.

Parties
Appellant: Colleen May Halls; Appellant: June Sheila Street; Appellant: Stanley Street; Appellant: Francis Terence Halls; First Respondent: Retravision (NSW) Pty Limited (ACN 000 384 565); Second Respondent: The Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
05 October 1995
Procedural Posture
Motion for Stay of Sequestration Orders Pending Appeal / Interlocutory Application Prior to Appeal Hearing
Outcome
Motion for stay dismissed; costs awarded to respondents.
Legal Topics
Stay of Proceedings, Sequestration Orders, Balance of Convenience, Prospects of Success on Appeal
Bankruptcy Civil Procedure Stay of Proceedings Sequestration Orders Balance of Convenience Prospects of Success on Appeal

Case Brief

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Parties

Colleen May Halls

Appellant

June Sheila Street

Appellant

Stanley Street

Appellant

Francis Terence Halls

Appellant

Retravision (NSW) Pty Limited (ACN 000 384 565)

First Respondent

The Official Trustee in Bankruptcy

Second Respondent

Procedural Posture

Motion for Stay of Sequestration Orders Pending Appeal / Interlocutory Application Prior to Appeal Hearing

Legal Issues

  1. 1 Whether a stay of sequestration orders should be granted pending appeal
  2. 2 Whether the appellants' grounds of appeal have prospects of success
  3. 3 Whether the balance of convenience favours grant of stay

Ratio Decidendi

The appeal grounds were held to be without merit, particularly as no evidence was led before the primary judge to contradict the debts owing or the act of bankruptcy, and the key basis on which an adjournment could have been granted (pendency of an appeal) had lapsed due to discontinuance. As such, no prospects of success existed, and the application for stay was refused.

Court Disposition

Motion for stay dismissed; costs awarded to respondents.

Orders

  • The appellants' motion brought by notice of motion filed on 28 September 1995 be dismissed.
  • The appellants pay the respondents' costs of the motion.