National West Finance Australia Ltd v. Jackson, R.W. & Anor [1987] FCA 118

National West Finance Australia Ltd v. Jackson, R.W. & Anor [1987] FCA 118

As there is no significant change in circumstances since the previous adjournment and the interests of creditors continue to favour adjournment pending the High Court appeal, the petition should be further adjourned and the relevant costs given priority as petitioning creditor's costs under s.109(1)(a) of the Act.

Parties
Debtor: John William Jackson; Debtor: Maxene Susan Jackson; Debtor: Cohn William Jackson; Petitioning Creditor: National Westminster Finance Australia Limited; Intervening Creditor: Stirling Industries Limited, receivers and managers appointed
Jurisdiction
Australia
Judgment Date
03 February 1987
Procedural Posture
Creditor's Petition (bankruptcy) / Hearing of Adjournment Application
Outcome
Petition hearing adjourned; costs given priority
Legal Topics
Adjournment of Creditor's Petition, Priority of Costs
Bankruptcy Adjournment of Creditor's Petition Priority of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

John William Jackson

Debtor

Maxene Susan Jackson

Debtor

Cohn William Jackson

Debtor

National Westminster Finance Australia Limited

Petitioning Creditor

Stirling Industries Limited, receivers and managers appointed

Intervening Creditor

Procedural Posture

Creditor's Petition (bankruptcy) / Hearing of Adjournment Application

Legal Issues

  1. 1 Whether the hearing of the petition should be further adjourned pending the outcome of a High Court appeal
  2. 2 Whether the costs of today's appearance and the hearing before Mr. Justice Spender should be given priority as petitioning creditor's costs

Ratio Decidendi

As there is no significant change in circumstances since the previous adjournment and the interests of creditors continue to favour adjournment pending the High Court appeal, the petition should be further adjourned and the relevant costs given priority as petitioning creditor's costs under s.109(1)(a) of the Act.

Court Disposition

Petition hearing adjourned; costs given priority

Orders

  • The hearing of the petition be adjourned further until 13 March 1987.
  • The costs of National Westminster Finance Australia Limited and Stirling Industries Limited for today's appearance be given priority and treated as petitioning creditor's costs under s.109(1)(a) of the Act.