Neighbourhood Association NA 285249 v Watson [2007] NSWLEC 729

Neighbourhood Association NA 285249 v Watson [2007] NSWLEC 729

Upon making a sequestration order against one applicant, s 60(2) of the Bankruptcy Act 1966 operates to stay the entire proceedings by all applicants until the trustee elects to prosecute or discontinue the action.

Jurisdiction
Australia
Judgment Date
17 October 2007
Procedural Posture
Civil Proceedings / Stay Pending Bankruptcy Trustee's Election
Outcome
Entire proceedings stayed pending bankruptcy trustee's election
Legal Topics
['effect of Sequestration Order' 'stay of Proceedings Under Bankruptcy Act']
['bankruptcy Law'] ['effect of Sequestration Order' 'stay of Proceedings Under Bankruptcy Act']

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Procedural Posture

Civil Proceedings / Stay Pending Bankruptcy Trustee's Election

Legal Issues

  1. 1 ['Whether proceedings by all applicants are stayed when sequestration order is made against one applicant']

Ratio Decidendi

Upon making a sequestration order against one applicant, s 60(2) of the Bankruptcy Act 1966 operates to stay the entire proceedings by all applicants until the trustee elects to prosecute or discontinue the action.

Court Disposition

Entire proceedings stayed pending bankruptcy trustee's election

Orders

  • ['Proceedings listed for mention after expiry of twenty-eight day period' 'Listing date: 23 November 2007 at 9.15am']