Re Deputy Commissioner of Taxation v. Ex parte Zavros, A. & Anor [1987] FCA 359

Re Deputy Commissioner of Taxation v. Ex parte Zavros, A. & Anor [1987] FCA 359

There was no real prospect that the debtors would be able to pay off their debts and continue conducting business profitably; an adjournment would only defer an inevitable decision, so adjournment was refused.

Parties
Judgment Debtor: Andreas Zavros; Judgment Debtor: Maria Zavros; Petitioning Creditor: Deputy Commissioner of Taxation of the Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
29 April 1987
Procedural Posture
Bankruptcy Petition / Application for Adjournment of Sequestration Order Hearing
Outcome
Application for adjournment refused.
Legal Topics
Adjournment of Proceedings, Sequestration Order, Insolvency
Bankruptcy Adjournment of Proceedings Sequestration Order Insolvency

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Parties

Andreas Zavros

Judgment Debtor

Maria Zavros

Judgment Debtor

Deputy Commissioner of Taxation of the Commonwealth of Australia

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Application for Adjournment of Sequestration Order Hearing

Legal Issues

  1. 1 Whether to grant an adjournment of the hearing of the creditor's petition for a sequestration order

Ratio Decidendi

There was no real prospect that the debtors would be able to pay off their debts and continue conducting business profitably; an adjournment would only defer an inevitable decision, so adjournment was refused.

Court Disposition

Application for adjournment refused.

Orders

  • Application for adjournment dismissed.