Rouhat Pty Ltd & Anor v Haoui, Adam & Anor [1998] FCA 921

Rouhat Pty Ltd & Anor v Haoui, Adam & Anor [1998] FCA 921

The matter is adjourned as it cannot be heard within the necessary timeframe and because resolution in both this Court and the Supreme Court depends on the same underlying facts and proceedings, with the interests of creditors and parties best served by a further meeting convened by the trustee.

Parties
First Applicant: Rouhat Pty Limited; Second Applicant: Regent Skylight Systems Pty Limited; First Respondent: Adam Haoui; Second Respondent: Fay Haoui
Jurisdiction
Australia
Judgment Date
24 July 1998
Procedural Posture
Application to Set Aside Deed of Arrangement / Adjournment Application at Scheduled Hearing
Outcome
Adjourned for directions
Legal Topics
Deed of Arrangement, Creditor Rights, Adjournment of Proceedings
Bankruptcy Deed of Arrangement Creditor Rights Adjournment of Proceedings

Case Brief

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Parties

Rouhat Pty Limited

First Applicant

Regent Skylight Systems Pty Limited

Second Applicant

Adam Haoui

First Respondent

Fay Haoui

Second Respondent

Procedural Posture

Application to Set Aside Deed of Arrangement / Adjournment Application at Scheduled Hearing

Legal Issues

  1. 1 Whether the deed of arrangement should be set aside due to alleged provision of false or misleading information by the debtors
  2. 2 Whether to adjourn proceedings in light of overlapping Supreme Court litigation

Ratio Decidendi

The matter is adjourned as it cannot be heard within the necessary timeframe and because resolution in both this Court and the Supreme Court depends on the same underlying facts and proceedings, with the interests of creditors and parties best served by a further meeting convened by the trustee.

Court Disposition

Adjourned for directions

Orders

  • The matter stand over until Tuesday, 11 August 1998, at 9.45 am for directions.
  • Costs reserved.