Singh v Owners, Strata Plan 11723 & Ors [2013] NSWSC 872

Singh v Owners, Strata Plan 11723 & Ors [2013] NSWSC 872

The summons was dismissed because the plaintiff showed no arguable basis for restraining the trustees in bankruptcy from exercising their powers to sell property vested in them. His Federal Court appeal did not appear to have arguable grounds, and seeking the same interim restraint in the Supreme Court after refusal by the Federal Circuit Court, when relief could be sought in the Federal Court appeal, was an abuse of process. The District Court basis also failed because the District Court had already dealt with and dismissed the appeal from the Local Court judgment, and the further District Court application had been dismissed.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Bankruptcy Application for Injunction to Restrain Sale of Property by Trustees in Bankruptcy / Equity Division Duty List Hearing of Summons
Outcome
Summons dismissed with costs
Legal Topics
['injunction to Restrain Sale of Vested Property' 'trustees in Bankruptcy' 'sequestration Order' 'abuse of Process' 'annulment of Bankruptcy' 'stay Pending Appeal']
['bankruptcy' 'equity'] ['injunction to Restrain Sale of Vested Property' 'trustees in Bankruptcy' 'sequestration Order' 'abuse of Process' 'annulment of Bankruptcy' 'stay Pending Appeal']

Case Brief

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Procedural Posture

Bankruptcy Application for Injunction to Restrain Sale of Property by Trustees in Bankruptcy / Equity Division Duty List Hearing of Summons

Legal Issues

  1. 1 ['Whether the trustees in bankruptcy should be restrained from selling the Harris Park property formerly owned by the plaintiff.' "Whether the plaintiff's pending Federal Court appeal or District Court application provided a basis to preserve the status quo by injunction." "Whether the plaintiff's application in the Supreme Court was an abuse of process given similar relief had been refused in the Federal Circuit Court."]

Ratio Decidendi

The summons was dismissed because the plaintiff showed no arguable basis for restraining the trustees in bankruptcy from exercising their powers to sell property vested in them. His Federal Court appeal did not appear to have arguable grounds, and seeking the same interim restraint in the Supreme Court after refusal by the Federal Circuit Court, when relief could be sought in the Federal Court appeal, was an abuse of process. The District Court basis also failed because the District Court had already dealt with and dismissed the appeal from the Local Court judgment, and the further District Court application had been dismissed.

Court Disposition

Summons dismissed with costs

Orders

  • ["The plaintiff's summons be dismissed with costs." 'The exhibits to the affidavit of Ms Quang of 28 June 2013 will be returned in due course.']