Commonwealth Bank of Australia, in the matter of Martin v Martin [2000] FCA 1317

Commonwealth Bank of Australia, in the matter of Martin v Martin [2000] FCA 1317

The Court was not persuaded that there was a sufficiently strong prospect of the respondents' special leave application to the High Court being successful to justify interfering with the Registrar's discretion in making the sequestration order.

Jurisdiction
Australia
Judgment Date
05 September 2000
Procedural Posture
Bankruptcy / Motion to Set Aside Sequestration Order
Outcome
Notice of motion dismissed with costs
Legal Topics
['sequestration Order' 'setting Aside Orders' 'appeals']
['bankruptcy'] ['sequestration Order' 'setting Aside Orders' 'appeals']

Case Brief

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Procedural Posture

Bankruptcy / Motion to Set Aside Sequestration Order

Legal Issues

  1. 1 ["Whether the sequestration order should be overturned in light of the respondents' intention to seek special leave to the High Court" "Whether there is sufficient prospect of success in the proposed special leave application to warrant reviewing the Registrar's order"]

Ratio Decidendi

The Court was not persuaded that there was a sufficiently strong prospect of the respondents' special leave application to the High Court being successful to justify interfering with the Registrar's discretion in making the sequestration order.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ['The notice of motion filed 29 August 2000 be dismissed.' 'The applicant on the motion pay the costs of the respondent on the motion.']