Re Aprile, T. v. Ex parte Commonwealth Bank of Australia [1994] FCA 912

Re Aprile, T. v. Ex parte Commonwealth Bank of Australia [1994] FCA 912

There was insufficient evidence of the debtor's ability to pay the outstanding debt, especially regarding the likelihood of payment from Rothesay Investments Pty Limited, making it inappropriate to grant the adjournment.

Jurisdiction
Australia
Judgment Date
22 November 1994
Procedural Posture
Creditor's Petition / Application for Adjournment
Outcome
application for adjournment rejected
Legal Topics
["adjournment of Creditor's Petition" 'failure to Comply With Bankruptcy Notice']
['bankruptcy'] ["adjournment of Creditor's Petition" 'failure to Comply With Bankruptcy Notice']

Case Brief

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Procedural Posture

Creditor's Petition / Application for Adjournment

Legal Issues

  1. 1 ["Whether the debtor's application for adjournment of the creditor's petition should be granted"]

Ratio Decidendi

There was insufficient evidence of the debtor's ability to pay the outstanding debt, especially regarding the likelihood of payment from Rothesay Investments Pty Limited, making it inappropriate to grant the adjournment.

Court Disposition

application for adjournment rejected

Orders

  • ['Matter referred back to the Registrar to be dealt with in accordance with the ruling.']