In the matter of Fuller [2000] FCA 280

In the matter of Fuller [2000] FCA 280

The request should be issued because, despite unexplained delay and possible prejudice, the material sought concerned matters properly requiring investigation by the trustee and might benefit the bankrupt estate or reveal other potential assets. The adjournment should be refused because the hearing date had long been fixed, the unavailability of particular counsel was not a sufficient reason, and the trustee's delay in seeking overseas material should not justify postponing the hearing.

Jurisdiction
Australia
Judgment Date
07 March 2000
Procedural Posture
Bankruptcy Proceeding; Interlocutory Applications for Letters of Request and Adjournment / Ex Tempore Reasons for Judgment
Outcome
Letters of request granted; adjournment refused.
Legal Topics
['letters of Request to Foreign Courts' "trustee's Investigation of Bankrupt Estate" 'adjournment of Listed Hearing' 'costs Risk Arising From Late Evidence' 'counsel Unavailability']
['bankruptcy' 'civil Procedure' 'trusts'] ['letters of Request to Foreign Courts' "trustee's Investigation of Bankrupt Estate" 'adjournment of Listed Hearing' 'costs Risk Arising From Late Evidence' 'counsel Unavailability']

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Procedural Posture

Bankruptcy Proceeding; Interlocutory Applications for Letters of Request and Adjournment / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the trustee should be permitted to issue a request to the Royal Court of Jersey and to the High Court in the United Kingdom in bankruptcy for material concerning the Chinook Trust and the Mutley Trust.' 'Whether proceedings listed for two weeks from 3 April 2000 should be adjourned to a later date.']

Ratio Decidendi

The request should be issued because, despite unexplained delay and possible prejudice, the material sought concerned matters properly requiring investigation by the trustee and might benefit the bankrupt estate or reveal other potential assets. The adjournment should be refused because the hearing date had long been fixed, the unavailability of particular counsel was not a sufficient reason, and the trustee's delay in seeking overseas material should not justify postponing the hearing.

Court Disposition

Letters of request granted; adjournment refused.

Orders

  • ['Orders sought by the trustee for the request to the Royal Court of Jersey and to the High Court in the United Kingdom in bankruptcy were to be made.' 'The trustee was put on notice that costs might be ordered against him if an adjournment later became necessary because of material obtained under the request.' 'The...