Commonwealth Bank of Australia v Eady [1998] FCA 1115

Commonwealth Bank of Australia v Eady [1998] FCA 1115

Because the creditor wished to withdraw each creditor's petition and accepted that the consequence was dismissal, the appropriate order was to dismiss the petitions in both matters, with no order as to costs because no costs application was made.

Jurisdiction
Australia
Judgment Date
02 September 1998
Procedural Posture
Creditor's Petitions / Hearing of Creditor's Request to Withdraw Petitions
Outcome
Petitions dismissed; no order as to costs.
Legal Topics
["creditor's Petition" 'withdrawal of Petition' 'costs']
['bankruptcy and Insolvency'] ["creditor's Petition" 'withdrawal of Petition' 'costs']

Case Brief

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Procedural Posture

Creditor's Petitions / Hearing of Creditor's Request to Withdraw Petitions

Legal Issues

  1. 1 ["Whether the creditor's petitions should be dismissed following the creditor's wish to withdraw them." 'Whether any order as to costs should be made.']

Ratio Decidendi

Because the creditor wished to withdraw each creditor's petition and accepted that the consequence was dismissal, the appropriate order was to dismiss the petitions in both matters, with no order as to costs because no costs application was made.

Court Disposition

Petitions dismissed; no order as to costs.

Orders

  • ['The petitions in NG 7390 of 1997 and NG 7391 of 1997 be dismissed.' 'In each matter, no order as to costs.']