Gould v Day [2000] FCA 1776

Gould v Day [2000] FCA 1776

Application for stay pending special leave to appeal refused due to lack of substantial prospect of success; stay of sequestration order granted for 21 days to allow applicant opportunity to approach High Court.

Jurisdiction
Australia
Judgment Date
01 December 2000
Procedural Posture
Application for Stay Pending Appeal / Post Judgment (stay Pending Special Leave Application to High Court)
Outcome
Partially granted: stay of sequestration order for specified time; otherwise application dismissed.
Legal Topics
['sequestration Order' 'stay of Orders Pending Appeal' 'natural Justice' 'special Leave Applications']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'stay of Orders Pending Appeal' 'natural Justice' 'special Leave Applications']

Case Brief

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Procedural Posture

Application for Stay Pending Appeal / Post Judgment (stay Pending Special Leave Application to High Court)

Legal Issues

  1. 1 ["Whether a stay should be granted pending applicant's special leave application to the High Court against a sequestration order" 'Whether there was a denial of natural justice in the hearing before the Full Court']

Ratio Decidendi

Application for stay pending special leave to appeal refused due to lack of substantial prospect of success; stay of sequestration order granted for 21 days to allow applicant opportunity to approach High Court.

Court Disposition

Partially granted: stay of sequestration order for specified time; otherwise application dismissed.

Orders

  • ['The sequestration order made by Conti J on 7 September 2000 be stayed up to and including 22 December 2000.' 'The application be otherwise dismissed.']