Re Pacer, Nathan Francis Ex Parte Westpac Banking Corp Pty Ltd [1995] FCA 1120

Re Pacer, Nathan Francis Ex Parte Westpac Banking Corp Pty Ltd [1995] FCA 1120

The pending Court of Appeal proceedings concerned the debtor's cross-claim against Demanis and would not affect the debtor's outstanding debt to Westpac under the consent judgment except peripherally or consequentially; any application to set aside the consent judgment could already have been made. Accordingly, no basis was shown for adjourning the sequestration application.

Jurisdiction
Australia
Judgment Date
05 September 1995
Procedural Posture
Bankruptcy Proceeding; Application for Sequestration Order / Debtor's Application for Adjournment of the Hearing
Outcome
Application for adjournment refused.
Legal Topics
['sequestration Order' 'adjournment' 'judgment Debt' 'consent Judgment' 'pending Appeal']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'adjournment' 'judgment Debt' 'consent Judgment' 'pending Appeal']

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Procedural Posture

Bankruptcy Proceeding; Application for Sequestration Order / Debtor's Application for Adjournment of the Hearing

Legal Issues

  1. 1 ["Whether the hearing of an application for a sequestration order should be adjourned pending a Court of Appeal judgment in proceedings between the debtor and a non-party to the creditor's judgment debt." "Whether the pending appeal could affect the debtor's indebtedness to Westpac under the consent judgment."]

Ratio Decidendi

The pending Court of Appeal proceedings concerned the debtor's cross-claim against Demanis and would not affect the debtor's outstanding debt to Westpac under the consent judgment except peripherally or consequentially; any application to set aside the consent judgment could already have been made. Accordingly, no basis was shown for adjourning the sequestration application.

Court Disposition

Application for adjournment refused.

Orders

  • ['The application for adjournment is refused.']