Street S. & Ors v Retravision (NSW) Ltd [1995] FCA 731
A short adjournment of approximately two weeks is appropriate to allow filing of evidence and pursuit of an expedited appeal, but a longer adjournment is not justified and would unduly delay proceedings.
- Jurisdiction
- Australia
- Judgment Date
- 13 June 1995
- Procedural Posture
- Bankruptcy Petition / Interlocutory (adjournment of Creditor's Petition)
- Outcome
- Matter stood over to a further date; short adjournment granted; costs reserved; directions for filing evidence; liberty to apply on 24 hours' notice.
- Legal Topics
- ["adjournment of Creditor's Petition" 'effect of Pending Appeal' 'filing of Affidavit Evidence' 'undertakings as to Appeal']
Case Brief
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Procedural Posture
Bankruptcy Petition / Interlocutory (adjournment of Creditor's Petition)
Legal Issues
- 1 ["Whether to adjourn the hearing of the creditor's bankruptcy petition pending the outcome of an appeal by the debtors"]
Ratio Decidendi
A short adjournment of approximately two weeks is appropriate to allow filing of evidence and pursuit of an expedited appeal, but a longer adjournment is not justified and would unduly delay proceedings.
Court Disposition
Matter stood over to a further date; short adjournment granted; costs reserved; directions for filing evidence; liberty to apply on 24 hours' notice.
Orders
- ['Matter stood over until 28 June 1995.' 'Affidavit material to be filed and served no later than Monday 26 June 1995 at 4.00 pm.' 'Debtors to file evidence of assets and liabilities.' "Liberty to apply on 24 hours' notice." 'Costs reserved.']
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