Mustafa, K v Galbally & O'Bryan (a firm) [1995] FCA 827

Mustafa, K v Galbally & O'Bryan (a firm) [1995] FCA 827

There is no basis to believe that this is a bona fide appeal and, given the prolonged delays and circumstances, it is not appropriate to grant any further stay. Application is dismissed.

Parties
Applicant: Kani Mustafa; Respondent: Galbally & O'Bryan (a firm)
Jurisdiction
Australia
Judgment Date
04 October 1995
Procedural Posture
Application for Stay of Sequestration Order Pending Appeal / Interlocutory Application
Outcome
Application dismissed. Stay refused.
Legal Topics
Stay of Sequestration Order, Appeal Procedure, Power to Extend Stay
Bankruptcy Practice and Procedure Stay of Sequestration Order Appeal Procedure Power to Extend Stay

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 3 Party arguments 2
Sign in to unlock

Parties

Kani Mustafa

Applicant

Galbally & O'Bryan (a firm)

Respondent

Procedural Posture

Application for Stay of Sequestration Order Pending Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether power exists to grant a stay beyond 21 days under s 52(3) of the Bankruptcy Act
  2. 2 Whether a stay should be granted pending appeal under O 52 r 17 of the Federal Court Rules
  3. 3 Whether the appeal is bona fide

Ratio Decidendi

There is no basis to believe that this is a bona fide appeal and, given the prolonged delays and circumstances, it is not appropriate to grant any further stay. Application is dismissed.

Court Disposition

Application dismissed. Stay refused.

Orders

  • Application for stay dismissed. No further stay granted.