Prentice v Cummins (No. 4) [2002] FCA 1215
The general rule that a party must elect not to call evidence before making a no case submission applies, as no allegation of fraud is made against the respondents and the case circumstances do not warrant departure from the rule.
- Jurisdiction
- Australia
- Judgment Date
- 02 October 2002
- Procedural Posture
- Bankruptcy Proceeding/application / Procedural Ruling on No Case Submission During Trial
- Outcome
- Application for respondents to make no case submission without electing not to call evidence refused; required to elect.
- Legal Topics
- ['no Case Submission' 'transfers to Defeat Creditors' 'bankrupt Estate Administration']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Proceeding/application / Procedural Ruling on No Case Submission During Trial
Legal Issues
- 1 ['Whether respondents should be permitted to make a no case submission without electing not to call evidence' 'Application of general rule relating to no case submissions where fraud is not alleged against the respondents' 'Appropriateness of electing to call no evidence limited to issues of no case submission']
Ratio Decidendi
The general rule that a party must elect not to call evidence before making a no case submission applies, as no allegation of fraud is made against the respondents and the case circumstances do not warrant departure from the rule.
Court Disposition
Application for respondents to make no case submission without electing not to call evidence refused; required to elect.
Orders
- ['Respondents permitted to make no case submissions on identified issues only if they elect to call no evidence.']
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