Re: Nolan; Ex Parte: Sergeant v Nolan [1995] FCA 226

Re: Nolan; Ex Parte: Sergeant v Nolan [1995] FCA 226

A stay should be granted until 5 pm on Thursday, 6 April 1995, subject to the debtor being ordered not to dispose of assets otherwise than in the ordinary course of business, as refusal to grant a stay would render the appeal nugatory.

Parties
Applicant: David Llewellyn Sergeant; Respondent: Jeremy William Marden Nolan
Jurisdiction
Australia
Judgment Date
04 April 1995
Procedural Posture
Bankruptcy / Application for Stay Pending Appeal
Outcome
Stay granted until 5 pm on Thursday, 6 April 1995, subject to order regarding asset disposition.
Legal Topics
Stay of Orders, Sequestration Order, Undertakings, Security for Costs
Bankruptcy Stay of Orders Sequestration Order Undertakings Security for Costs

Case Brief

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Parties

David Llewellyn Sergeant

Applicant

Jeremy William Marden Nolan

Respondent

Procedural Posture

Bankruptcy / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of sequestration orders should be granted pending appeal
  2. 2 Whether undertakings regarding disposition of assets are necessary
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

A stay should be granted until 5 pm on Thursday, 6 April 1995, subject to the debtor being ordered not to dispose of assets otherwise than in the ordinary course of business, as refusal to grant a stay would render the appeal nugatory.

Court Disposition

Stay granted until 5 pm on Thursday, 6 April 1995, subject to order regarding asset disposition.

Orders

  • Stay granted until 5 pm on Thursday, 6 April 1995
  • Debtor ordered not to dispose of assets otherwise than in ordinary course of business until undertakings are given