Re Thyssen, Natalie Ex Parte Maniotis, Basil & Ors [1995] FCA 966

Re Thyssen, Natalie Ex Parte Maniotis, Basil & Ors [1995] FCA 966

The petition was adjourned for a relatively short time because related proceedings remained on foot in the Supreme Court of Victoria, an application for leave to amend was ready to proceed, and the debtor apparently had no creditors other than the petitioning creditors.

Jurisdiction
Australia
Judgment Date
15 November 1995
Procedural Posture
Bankruptcy Creditor's Petition / Application to Adjourn Petition
Outcome
Petition adjourned to 13 December 1995; costs reserved.
Legal Topics
["creditor's Petition" 'adjournment' 'costs Debt']
['bankruptcy'] ["creditor's Petition" 'adjournment' 'costs Debt']

Case Brief

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Procedural Posture

Bankruptcy Creditor's Petition / Application to Adjourn Petition

Legal Issues

  1. 1 ['Whether the petition should be adjourned in light of related Supreme Court of Victoria proceedings and a proposed application by Valimi Pty Ltd for leave to amend its statement of claim.']

Ratio Decidendi

The petition was adjourned for a relatively short time because related proceedings remained on foot in the Supreme Court of Victoria, an application for leave to amend was ready to proceed, and the debtor apparently had no creditors other than the petitioning creditors.

Court Disposition

Petition adjourned to 13 December 1995; costs reserved.

Orders

  • ['That the petition be adjourned to 13 December 1995.' 'That the costs of both parties of this day be reserved.']