Liprini v Liprini [2011] FCA 722

Liprini v Liprini [2011] FCA 722

The stay motion was dismissed because Driver FM had refused to annul the bankruptcy, leaving nothing capable of being stayed, and the matters relied on by Dr Liprini were unsupported allegations against the trustee or issues, if available at all, for the appeal rather than grounds for interlocutory stay relief. Leave to amend the Notice of Appeal to join Scott Pascoe was granted because it was not opposed.

Jurisdiction
Australia
Judgment Date
22 June 2011
Procedural Posture
Appeal; Interlocutory Notices of Motion Seeking a Stay of Orders and Leave to Amend Notice of Appeal / Notice of Motion Heard on 22 June 2011 Pending Determination of the Appeal
Outcome
Notice of Motion for stay dismissed with costs; leave granted to amend the Notice of Appeal to join Scott Pascoe as a respondent.
Legal Topics
['stay Pending Appeal' 'annulment of Bankruptcy' 'sequestration Order' 'amendment of Notice of Appeal' 'joinder of Respondent' 'costs']
['bankruptcy' 'civil Procedure'] ['stay Pending Appeal' 'annulment of Bankruptcy' 'sequestration Order' 'amendment of Notice of Appeal' 'joinder of Respondent' 'costs']

Case Brief

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Procedural Posture

Appeal; Interlocutory Notices of Motion Seeking a Stay of Orders and Leave to Amend Notice of Appeal / Notice of Motion Heard on 22 June 2011 Pending Determination of the Appeal

Legal Issues

  1. 1 ['Whether the Federal Court should stay the orders made by Driver FM on 17 May 2011 pending determination of the appeal.' "Whether there was anything in Driver FM's refusal to annul the bankruptcy capable of being stayed." 'Whether Dr Liprini should have leave to amend his Notice of Appeal to join Scott Pascoe as a respondent.']

Ratio Decidendi

The stay motion was dismissed because Driver FM had refused to annul the bankruptcy, leaving nothing capable of being stayed, and the matters relied on by Dr Liprini were unsupported allegations against the trustee or issues, if available at all, for the appeal rather than grounds for interlocutory stay relief. Leave to amend the Notice of Appeal to join Scott Pascoe was granted because it was not opposed.

Court Disposition

Notice of Motion for stay dismissed with costs; leave granted to amend the Notice of Appeal to join Scott Pascoe as a respondent.

Orders

  • ["The Applicant's Notice of Motion filed 7 June 2011 seeking a stay of the orders made by Driver FM be dismissed with costs." 'Leave be granted to the Applicant to file in Court a Notice of Motion amending his Notice of Appeal so as to join Scott Pascoe as a Respondent to the appeal.' "The Applicant's Notice of...