Day, in the matter of Gould v Gould [2000] FCA 1377

Day, in the matter of Gould v Gould [2000] FCA 1377

Although unconvinced that there are prospects of success in the appeal or that a stay is justified to allow Mr Gould to raise funds, the Court is prepared to grant a limited stay pending appeal provided the appeal is prosecuted expeditiously and the property of the bankrupt is not in jeopardy.

Jurisdiction
Australia
Judgment Date
12 September 2000
Procedural Posture
Bankruptcy Application / Application for Stay of Sequestration Order
Outcome
Partial stay of proceedings under sequestration order until 5 October 2000, subject to conditions.
Legal Topics
['stay of Sequestration Order' 'appeal Pending Sequestration Order' 'powers Under Bankruptcy Act 1966 (cth) S 52(3)' 'federal Court Rules, Order 52 Rule 17']
['bankruptcy'] ['stay of Sequestration Order' 'appeal Pending Sequestration Order' 'powers Under Bankruptcy Act 1966 (cth) S 52(3)' 'federal Court Rules, Order 52 Rule 17']

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Procedural Posture

Bankruptcy Application / Application for Stay of Sequestration Order

Legal Issues

  1. 1 ['Whether proceedings under the sequestration order should be stayed under section 52(3) of the Bankruptcy Act 1966 (Cth) and/or Order 52 rule 17 of the Federal Court Rules.' 'Whether a stay should be granted to enable payment of the petitioning creditors or pending an appeal.']

Ratio Decidendi

Although unconvinced that there are prospects of success in the appeal or that a stay is justified to allow Mr Gould to raise funds, the Court is prepared to grant a limited stay pending appeal provided the appeal is prosecuted expeditiously and the property of the bankrupt is not in jeopardy.

Court Disposition

Partial stay of proceedings under sequestration order until 5 October 2000, subject to conditions.

Orders

  • ['Proceedings under the sequestration order, other than the obligation under section 54 of the Bankruptcy Act 1966 (Cth), be stayed up to and including 5 October 2000.' 'The bankrupt file and serve, no later than 29 September 2000, detailed written submissions outlining his grounds of appeal and referring to all...