Re Donkin, Colin John Ex Parte AGC (Advances) Ltd [1995] FCA 822

Re Donkin, Colin John Ex Parte AGC (Advances) Ltd [1995] FCA 822

The applicant had no strong prospect of obtaining special leave from the High Court; his application for adjournment appeared to be brought merely to delay the proceedings. Therefore, the adjournment was dismissed and a sequestration order was made against the debtor's estate.

Jurisdiction
Australia
Judgment Date
06 October 1995
Procedural Posture
Bankruptcy Petition / Judgment and Orders
Outcome
Debtor's application for adjournment dismissed; sequestration order made; costs to be taxed and paid.
Legal Topics
['adjournment of Bankruptcy Petition' 'sequestration Order' 'costs Taxation Under Bankruptcy Act 1966']
['bankruptcy Law'] ['adjournment of Bankruptcy Petition' 'sequestration Order' 'costs Taxation Under Bankruptcy Act 1966']

Case Brief

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Procedural Posture

Bankruptcy Petition / Judgment and Orders

Legal Issues

  1. 1 ["Whether the debtor's application for adjournment of the bankruptcy petition should be granted" "Whether a sequestration order should be made against the debtor's estate"]

Ratio Decidendi

The applicant had no strong prospect of obtaining special leave from the High Court; his application for adjournment appeared to be brought merely to delay the proceedings. Therefore, the adjournment was dismissed and a sequestration order was made against the debtor's estate.

Court Disposition

Debtor's application for adjournment dismissed; sequestration order made; costs to be taxed and paid.

Orders

  • ["The debtor's application for an adjournment be dismissed." 'A sequestration order be made against the estate of the debtor.' "The petitioning creditor's costs of and incidental to the petition, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth)."]