Seargeant v Nolan [1995] FCA 233

Seargeant v Nolan [1995] FCA 233

Because undertakings were proffered on behalf of the respondent and Ms Coreen Ashman, and no party submitted that the Court lacked power to accept Ms Ashman's undertaking, the Court accepted the undertakings and granted a stay of all declarations and orders made on 14 March 1995 until 5.00 pm on 28 April 1995.

Jurisdiction
Australia
Judgment Date
06 April 1995
Procedural Posture
Federal Court General Division Proceeding Concerning a Debtor / Application for Stay of Declarations and Orders Made on 14 March 1995; Application for Security for Costs Reserved
Outcome
Stay granted until 5.00 pm on 28 April 1995; matter relisted for 27 April 1995; application for security for costs reserved.
Legal Topics
['stay of Orders' 'undertakings to the Court' 'non Party Undertakings' 'security for Costs']
['federal Court Procedure' 'debtor Proceedings'] ['stay of Orders' 'undertakings to the Court' 'non Party Undertakings' 'security for Costs']

Case Brief

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Procedural Posture

Federal Court General Division Proceeding Concerning a Debtor / Application for Stay of Declarations and Orders Made on 14 March 1995; Application for Security for Costs Reserved

Legal Issues

  1. 1 ['Whether the Court should accept an undertaking from Ms Coreen Ashman, who was not a party to the proceedings.' 'Whether the declarations and orders made on 14 March 1995 should be stayed on the basis of undertakings given to the Court.' 'Whether the applicant should have security for costs in the sum of $5,000.']

Ratio Decidendi

Because undertakings were proffered on behalf of the respondent and Ms Coreen Ashman, and no party submitted that the Court lacked power to accept Ms Ashman's undertaking, the Court accepted the undertakings and granted a stay of all declarations and orders made on 14 March 1995 until 5.00 pm on 28 April 1995.

Court Disposition

Stay granted until 5.00 pm on 28 April 1995; matter relisted for 27 April 1995; application for security for costs reserved.

Orders

  • ['All declarations and orders made in the proceedings on 14 March 1995 are stayed until 5.00 pm on 28 April 1995.' 'The matter is relisted at 9.30 am on 27 April 1995.' "The decision on the applicant's application for security for costs is reserved."]