Van Reesema, Ernst Abraham Siewertsz v. Giameos, Emmanouil [1979] FCA 138

Van Reesema, Ernst Abraham Siewertsz v. Giameos, Emmanouil [1979] FCA 138

There was inexcusable delay and breach by the appellant of his undertaking to the court and of court orders; there was no reasonably arguable case for the appellant; further delay would prejudice the respondent and other creditors. Thus, the appeal was dismissed for want of prosecution, and the stay of proceedings under the sequestration order was lifted.

Parties
Appellant: Ernst Abraham Siewertsz Van Reesema; Respondent: Emmanouil Giameos
Jurisdiction
Australia
Judgment Date
20 December 1979
Procedural Posture
Bankruptcy Appeal / Dismissal Application for Want of Prosecution and Application to Lift Stay
Outcome
Appeal dismissed for want of prosecution; stay of sequestration order lifted; costs awarded against appellant.
Legal Topics
Sequestration Order, Appeal Procedure, Dismissal for Want of Prosecution, Stay of Proceedings
Bankruptcy Sequestration Order Appeal Procedure Dismissal for Want of Prosecution Stay of Proceedings

Case Brief

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Parties

Ernst Abraham Siewertsz Van Reesema

Appellant

Emmanouil Giameos

Respondent

Procedural Posture

Bankruptcy Appeal / Dismissal Application for Want of Prosecution and Application to Lift Stay

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution
  2. 2 Whether the stay of proceedings under the sequestration order should be lifted

Ratio Decidendi

There was inexcusable delay and breach by the appellant of his undertaking to the court and of court orders; there was no reasonably arguable case for the appellant; further delay would prejudice the respondent and other creditors. Thus, the appeal was dismissed for want of prosecution, and the stay of proceedings under the sequestration order was lifted.

Court Disposition

Appeal dismissed for want of prosecution; stay of sequestration order lifted; costs awarded against appellant.

Orders

  • The stay of proceedings under the sequestration order made on 14 September 1979 be removed.
  • Appeal No. G9 of 1979 be dismissed for want of prosecution.