Beames v Rigby [2002] FCA 806

Beames v Rigby [2002] FCA 806

There was no significant prospect of success on the appeal, and the balance of convenience favoured rejecting the stay application due to the applicant's insolvency and speculative nature of his assets.

Jurisdiction
Australia
Judgment Date
26 June 2002
Procedural Posture
Bankruptcy Motion / Motion for Stay Pending Appeal
Outcome
motion dismissed
Legal Topics
['stay of Sequestration Order' 'balance of Convenience' 'arguable Appeal Grounds']
['bankruptcy'] ['stay of Sequestration Order' 'balance of Convenience' 'arguable Appeal Grounds']

Case Brief

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Procedural Posture

Bankruptcy Motion / Motion for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether there is an arguable point on the proposed appeal against the sequestration order' 'Whether the balance of convenience favours granting a stay']

Ratio Decidendi

There was no significant prospect of success on the appeal, and the balance of convenience favoured rejecting the stay application due to the applicant's insolvency and speculative nature of his assets.

Court Disposition

motion dismissed

Orders

  • ['The notice of motion filed 11 June 2002 be dismissed.' "The applicant pay the respondent's costs of and incidental to the notice of motion."]