Gold, Isobel Patricia v The Proprietors - Units Plan No 52 & Anor [1997] FCA 1446

Gold, Isobel Patricia v The Proprietors - Units Plan No 52 & Anor [1997] FCA 1446

The application was dismissed because it was virtually a re-run of the earlier application dismissed by Finn J, Mrs Gold identified no material change in circumstances, nothing in the affidavit material justified a stay, and the trustee in bankruptcy was entitled to possession unless the High Court granted leave and allowed her appeal.

Jurisdiction
Australia
Judgment Date
18 December 1997
Procedural Posture
Application for Interim Hearing, Injunction or Stay of Proceedings and Execution in Respect of a Notice to Vacate / Ex Tempore Reasons on Application Heard on 5 December 1997
Outcome
Application dismissed with costs.
Legal Topics
['stay of Proceedings and Execution' 'notice to Vacate' 'writ of Possession' 'abuse of Process' 're Litigation']
['bankruptcy' 'civil Procedure'] ['stay of Proceedings and Execution' 'notice to Vacate' 'writ of Possession' 'abuse of Process' 're Litigation']

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Procedural Posture

Application for Interim Hearing, Injunction or Stay of Proceedings and Execution in Respect of a Notice to Vacate / Ex Tempore Reasons on Application Heard on 5 December 1997

Legal Issues

  1. 1 ['Whether Mrs Gold should be granted a stay of the notice to vacate served by the trustee in bankruptcy.' 'Whether there was any reason to bring forward the hearing listed for 3 February 1998.']

Ratio Decidendi

The application was dismissed because it was virtually a re-run of the earlier application dismissed by Finn J, Mrs Gold identified no material change in circumstances, nothing in the affidavit material justified a stay, and the trustee in bankruptcy was entitled to possession unless the High Court granted leave and allowed her appeal.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' 'Mrs Gold should bear the costs of the application.']