Mead v Mead [2009] FCA 1552

The Court has no power under s 37(2) of the Bankruptcy Act 1966 (Cth) to grant a stay or suspend the operation of a sequestration order; therefore, the Notices of Motion must be dismissed.

Jurisdiction: Australia
Judgment Date: 17 December 2009
Procedural Posture: Appeal / Determination of Interlocutory Application
Outcome: Notice of Motion dismissed.
Legal Topics: ['sequestration Orders' 'stay of Bankruptcy Proceedings']

['bankruptcy'] ['sequestration Orders' 'stay of Bankruptcy Proceedings']

Case Brief

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Procedural Posture

Appeal / Determination of Interlocutory Application

Legal Issues

1 ['Whether the Federal Court has jurisdiction to stay a sequestration order under s 37 of the Bankruptcy Act 1966 (Cth)']

Ratio Decidendi

The Court has no power under s 37(2) of the Bankruptcy Act 1966 (Cth) to grant a stay or suspend the operation of a sequestration order; therefore, the Notices of Motion must be dismissed.

Court Disposition

Notice of Motion dismissed.

Orders

['The Notice of Motion dated 17 December 2009 be dismissed.']