Rahman v Dubs [2012] FCA 849

Rahman v Dubs [2012] FCA 849

The interlocutory application for a stay was dismissed because Mr Rahman did not put forward material showing why a further stay should be granted, and nothing before the Court showed any prospect of success on the Supreme Court appeal or sufficient prospect to warrant a stay pending the Federal Court appeal.

Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Appeal From Sequestration Order; Interlocutory Application for Stay / Interlocutory Application Filed on 2 August 2012
Outcome
Interlocutory application dismissed.
Legal Topics
['sequestration Order' 'stay Pending Appeal' 'costs Assessment' 'bankruptcy Notice']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'stay Pending Appeal' 'costs Assessment' 'bankruptcy Notice']

Case Brief

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Procedural Posture

Appeal From Sequestration Order; Interlocutory Application for Stay / Interlocutory Application Filed on 2 August 2012

Legal Issues

  1. 1 ['Whether proceedings under the sequestration order should be stayed up to and including the hearing of the appeal.' 'Whether the appellant showed sufficient prospects of success or other reason warranting a further stay of proceedings under the sequestration order.']

Ratio Decidendi

The interlocutory application for a stay was dismissed because Mr Rahman did not put forward material showing why a further stay should be granted, and nothing before the Court showed any prospect of success on the Supreme Court appeal or sufficient prospect to warrant a stay pending the Federal Court appeal.

Court Disposition

Interlocutory application dismissed.

Orders

  • ['The interlocutory application filed on 2 August 2012 be dismissed.']