O'Meara v Hitwise Pty Ltd [2007] FCA 487

O'Meara v Hitwise Pty Ltd [2007] FCA 487

Leave to appeal was granted because the Court considered that there were seriously arguable points concerning the correctness and effect of Wilson FM's orders, including an apparent inconsistency between the view that the Registrar's sequestration order ought not to have been made and the dismissal of the application to review that order, and the absence of any sequestration order based on the debt claimed by Hitwise.

Jurisdiction
Australia
Judgment Date
28 March 2007
Procedural Posture
Application for Leave to Appeal From an Interlocutory Judgment Refusing a Stay of a Sequestration Order / Leave to Appeal
Outcome
Leave to appeal granted.
Legal Topics
['leave to Appeal' 'stay of Sequestration Order' "creditor's Petition" 'review of Sequestration Order']
['bankruptcy' 'civil Procedure' 'appellate Procedure'] ['leave to Appeal' 'stay of Sequestration Order' "creditor's Petition" 'review of Sequestration Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal From an Interlocutory Judgment Refusing a Stay of a Sequestration Order / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal Dowsett J's dismissal on 9 March 2007 of the application for a stay of the sequestration order." 'Whether there were seriously arguable points concerning the judgment and orders of Wilson FM and the sequestration order made by the Registrar on 27 September 2005.']

Ratio Decidendi

Leave to appeal was granted because the Court considered that there were seriously arguable points concerning the correctness and effect of Wilson FM's orders, including an apparent inconsistency between the view that the Registrar's sequestration order ought not to have been made and the dismissal of the application to review that order, and the absence of any sequestration order based on the debt claimed by Hitwise.

Court Disposition

Leave to appeal granted.

Orders

  • ['The applicant be granted leave to appeal the dismissal by Dowsett J on 9 March 2007 of the application for a stay of the sequestration order.' 'The applicant file and serve the notice of appeal within 7 days from today.' 'The costs of the parties on the application for leave be their costs in the appeal.']