Johnstone, Raymond Marshall v Guss, Joseph [1998] FCA 117

Johnstone, Raymond Marshall v Guss, Joseph [1998] FCA 117

The application for adjournment was refused because the debtor advanced no arguable basis for treating s 41(7) as extending time until an appellate decision rather than the Bankruptcy Court's determination, and because, given the available act of bankruptcy arising from non-compliance with the bankruptcy notice, the pending special leave application did not have an immediate bearing on the hearing of the creditor's petition sufficient to warrant adjournment.

Jurisdiction
Australia
Judgment Date
13 February 1998
Procedural Posture
Bankruptcy Proceedings; Application for Adjournment of Hearing of Creditor's Petition / Hearing of Debtor's Application to Adjourn Pending Outcome of Application for Special Leave to the High Court
Outcome
Application for adjournment refused.
Legal Topics
['adjournment' "creditor's Petition" 'act of Bankruptcy' 'bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'special Leave Application']
['bankruptcy' 'practice and Procedure'] ['adjournment' "creditor's Petition" 'act of Bankruptcy' 'bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'special Leave Application']

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Procedural Posture

Bankruptcy Proceedings; Application for Adjournment of Hearing of Creditor's Petition / Hearing of Debtor's Application to Adjourn Pending Outcome of Application for Special Leave to the High Court

Legal Issues

  1. 1 ["Whether the hearing of the creditor's petition should be adjourned pending the outcome of the debtor's application for special leave to the High Court." "Whether the pending special leave application had an immediate bearing on the creditor's petition sufficient to warrant adjournment." 'Whether s 41(7) of the Bankruptcy Act 1966 (Cth) extended time for compliance with the bankruptcy notice until determination by an appellate court.']

Ratio Decidendi

The application for adjournment was refused because the debtor advanced no arguable basis for treating s 41(7) as extending time until an appellate decision rather than the Bankruptcy Court's determination, and because, given the available act of bankruptcy arising from non-compliance with the bankruptcy notice, the pending special leave application did not have an immediate bearing on the hearing of the creditor's petition sufficient to warrant adjournment.

Court Disposition

Application for adjournment refused.

Orders

  • ['The application for an adjournment is refused.']