FEDERAL COURT OF AUSTRALIA
Worchild v The Drink Nightclub (Qld) Pty Ltd [2005] FCA 1897
ANDREW WORCHILD v THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854 AND BILL CROSS
QUD 417 OF 2005
DOWSETT J
28 OCTOBER 2005
BRISBANE
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 417 OF 2005 |
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BETWEEN: |
ANDREW WORCHILD APPLICANT
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AND: |
THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854 FIRST RESPONDENT
BILL CROSS SECOND RESPONDENT
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DOWSETT J |
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DATE OF ORDER: |
28 OCTOBER 2005 |
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WHERE MADE: |
BRISBANE |
THE COURT ORDERS THAT:
1. The application filed 18 October 2005 be dismissed.
2. The applicant pay the respondent’s costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 417 OF 2005 |
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BETWEEN: |
ANDREW WORCHILD APPLICANT
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AND: |
THE DRINK NIGHTCLUB (QLD) PTY LTD ACN 090 830 854 FIRST RESPONDENT
BILL CROSS SECOND RESPONDENT
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JUDGE: |
DOWSETT J |
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DATE: |
28 OCTOBER 2005 |
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PLACE: |
BRISBANE |
REASONS FOR JUDGMENT
1 As far as I can see, there is no substantial ground of appeal. Most, if not all, of the grounds were canvassed unsuccessfully before me on the application to set aside the bankruptcy notice. It may be that I was wrong. If I am, then the Full Court will say so. I cannot for the moment see, though, that there is any substantial chance of success on the appeal against making of the sequestration order, which is the matter with which I am presently concerned.
2 As far as I can see, there is no significant risk that any asset will be lost in the course of the administration of the estate in the event that a stay is not made and the appeal heard in November. In those circumstances, the application should be dismissed. I order the applicant to pay the respondent’s costs of the application.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 22 December 2005
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Counsel for the Applicant: |
The Applicant appeared in person. |
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Solicitor for the Respondent: |
Hynes Lawyers |
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Date of Hearing: |
28 October 2005 |
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Date of Judgment: |
28 October 2005 |
