Warner v Wong, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liq) (No 3) [2015] FCA 365

Warner v Wong, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liq) (No 3) [2015] FCA 365

The Court refused Mr Wong's application for an adjournment because he failed to provide an affidavit, failed to explain the urgent circumstances, and had been on notice of the hearing since the prior October.

Parties
First Plaintiff: Anthony John Warner; First Plaintiff: Steven Kugel; Second Plaintiff: Bellpac Pty Limited (Receivers and Managers Appointed) (In Liquidation) ACN 101 713 017; Third Defendant: Alfred Wong; Fifth Defendant: Shan Pei Investment Limited; Sixth Defendant: Good Team Investments Limited; Seventh Defendant: Great Investments Limited; Eighth Defendant: Osmond Tze Leung Kwok; Ninth Defendant: Hong Xu; Tenth Defendant: Zhi Hong; Eleventh Defendant: Chiah Cheang Lee; Twelfth Defendant: Gujarat NRE Coking Coal Limited (formerly known as Gujarat NRE Minerals Limited)
Jurisdiction
Australia
Judgment Date
09 March 2015
Procedural Posture
Corporate Insolvency Proceedings / Interlocutory Hearing Application for Adjournment
Outcome
application for adjournment refused
Legal Topics
Adjournment of Proceedings
Insolvency Adjournment of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Anthony John Warner

First Plaintiff

Steven Kugel

First Plaintiff

Bellpac Pty Limited (Receivers and Managers Appointed) (In Liquidation) ACN 101 713 017

Second Plaintiff

Alfred Wong

Third Defendant

Shan Pei Investment Limited

Fifth Defendant

Good Team Investments Limited

Sixth Defendant

Great Investments Limited

Seventh Defendant

Osmond Tze Leung Kwok

Eighth Defendant

Hong Xu

Ninth Defendant

Zhi Hong

Tenth Defendant

Chiah Cheang Lee

Eleventh Defendant

Gujarat NRE Coking Coal Limited (formerly known as Gujarat NRE Minerals Limited)

Twelfth Defendant

Procedural Posture

Corporate Insolvency Proceedings / Interlocutory Hearing Application for Adjournment

Legal Issues

  1. 1 Whether the hearing should be adjourned at the request of the third defendant

Ratio Decidendi

The Court refused Mr Wong's application for an adjournment because he failed to provide an affidavit, failed to explain the urgent circumstances, and had been on notice of the hearing since the prior October.

Court Disposition

application for adjournment refused

Orders

  • The third defendant's application for the proceedings to be adjourned be refused.