Re Gleeson, G. & Anor v. Ex parte Richardon, K.J. & Anor [1987] FCA 56

Re Gleeson, G. & Anor v. Ex parte Richardon, K.J. & Anor [1987] FCA 56

The adjournment was granted because the judgment debtors' appeal against the Supreme Court judgment was genuine, bona fide, diligently prosecuted and raised substantial issues; insolvency was not shown apart from reliance on the disputed judgment debt; and the difficulties that would arise if a sequestration order were made before a potentially successful appeal justified adjourning the petition on balance.

Jurisdiction
Australia
Judgment Date
11 February 1987
Procedural Posture
Bankruptcy Petition for a Sequestration Order / Application by Judgment Debtors to Adjourn the Hearing of the Petition Pending the Hearing and Determination of an Appeal
Outcome
The application for adjournment was granted and the hearing of the bankruptcy petition was adjourned to 15 June 1987.
Legal Topics
['sequestration Order' 'bankruptcy Notice' 'adjournment of Bankruptcy Petition' 'pending Appeal From Judgment Debt' 'stay of Execution']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'bankruptcy Notice' 'adjournment of Bankruptcy Petition' 'pending Appeal From Judgment Debt' 'stay of Execution']

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Procedural Posture

Bankruptcy Petition for a Sequestration Order / Application by Judgment Debtors to Adjourn the Hearing of the Petition Pending the Hearing and Determination of an Appeal

Legal Issues

  1. 1 ["Whether the hearing of the judgment creditors' bankruptcy petition should be adjourned pending the judgment debtors' appeal against the Supreme Court judgment forming the basis of the petition." 'Whether the pending appeal was bona fide and raised substantial issues.' 'Whether alleged insolvency, the absence of a stay of the Supreme Court judgment, or prejudice to creditors should lead the Court to refuse an adjournment.']

Ratio Decidendi

The adjournment was granted because the judgment debtors' appeal against the Supreme Court judgment was genuine, bona fide, diligently prosecuted and raised substantial issues; insolvency was not shown apart from reliance on the disputed judgment debt; and the difficulties that would arise if a sequestration order were made before a potentially successful appeal justified adjourning the petition on balance.

Court Disposition

The application for adjournment was granted and the hearing of the bankruptcy petition was adjourned to 15 June 1987.

Orders

  • ['The hearing of the petition be adjourned to 15 June 1987 at 9.45 a.m.' 'The judgment debtors do not dispose of or further encumber any capital asset owned by them or either of them except in the ordinary course of business.' 'General liberty to apply on 48 hours notice.' "The petitioning creditors' costs of the...