Porter, in the matter of Slater [2020] FCA 1133

Porter, in the matter of Slater [2020] FCA 1133

The Court held that the adjournment application was not warranted, as MWP had sufficient notice and time to obtain legal advice, and that the interlocutory application could not proceed as it sought relief against a non-party (the UK trustee), and was filed late. MWP’s opportunity to seek relief in a properly constituted proceeding is preserved.

Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Bankruptcy / Interlocutory Hearing and Orders on Adjournment and Interlocutory Application
Outcome
Adjournment application dismissed; interlocutory application dismissed
Legal Topics
['cross Border Insolvency' 'adjournment Application' 'interlocutory Application' 'trustee Appointment' 'remuneration of Representatives' 'retirement and Discharge of Liability']
['corporations' 'corporate Insolvency' 'bankruptcy'] ['cross Border Insolvency' 'adjournment Application' 'interlocutory Application' 'trustee Appointment' 'remuneration of Representatives' 'retirement and Discharge of Liability']

Case Brief

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Procedural Posture

Bankruptcy / Interlocutory Hearing and Orders on Adjournment and Interlocutory Application

Legal Issues

  1. 1 ['Whether an adjournment should be granted to allow Michael Wilson & Partners, Limited to consider newly served material and obtain advice.' 'Whether Michael Wilson & Partners, Limited should be permitted to proceed with its interlocutory application filed late and seeking orders not properly established.']

Ratio Decidendi

The Court held that the adjournment application was not warranted, as MWP had sufficient notice and time to obtain legal advice, and that the interlocutory application could not proceed as it sought relief against a non-party (the UK trustee), and was filed late. MWP’s opportunity to seek relief in a properly constituted proceeding is preserved.

Court Disposition

Adjournment application dismissed; interlocutory application dismissed

Orders

  • ["Michael Wilson & Partners, Limited's application for an adjournment of the hearing be dismissed." "Michael Wilson & Partners, Limited's interlocutory application filed on 20 July 2020 be dismissed."]