Menzies v Paccar Financial Pty Ltd (ACN 005 592 049) [2010] FCA 692

Menzies v Paccar Financial Pty Ltd (ACN 005 592 049) [2010] FCA 692

The appellants' application to transfer the appeal was refused as no sound reason to change venue was shown; the stay of proceedings under the sequestration order was granted as there was an arguable ground on appeal and the balance of convenience favoured a stay, conditioned on appellants lodging statements of their affairs as required by s 54 of the Bankruptcy Act.

Jurisdiction
Australia
Judgment Date
02 July 2010
Procedural Posture
Appeal / Interlocutory Application—orders on Interlocutory Relief Pending Appeal
Outcome
Application for transfer refused; stay of sequestration order granted on conditions pending appeal.
Legal Topics
['transfer of Proceedings' 'sequestration Order' 'stay of Proceedings' 'interlocutory Relief']
['bankruptcy' 'civil Procedure'] ['transfer of Proceedings' 'sequestration Order' 'stay of Proceedings' 'interlocutory Relief']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application—orders on Interlocutory Relief Pending Appeal

Legal Issues

  1. 1 ['Should the appeal proceedings be transferred to the New South Wales Registry?' 'Should the sequestration order be stayed pending determination of the appeal?']

Ratio Decidendi

The appellants' application to transfer the appeal was refused as no sound reason to change venue was shown; the stay of proceedings under the sequestration order was granted as there was an arguable ground on appeal and the balance of convenience favoured a stay, conditioned on appellants lodging statements of their affairs as required by s 54 of the Bankruptcy Act.

Court Disposition

Application for transfer refused; stay of sequestration order granted on conditions pending appeal.

Orders

  • ['The application for the transfer of the appeal to the New South Wales Registry of the Court be refused.' 'All proceedings under the sequestration order made on 11 June 2010 be stayed until the hearing and determination of the appeal or further order on condition that each of the appellants lodge with the trustee...