Re Ling, Noel Ex Parte Commonwealth of Australia Enrobook Pty Ltd [1996] FCA 375

Re Ling, Noel Ex Parte Commonwealth of Australia Enrobook Pty Ltd [1996] FCA 375

There is no sufficiently significant distinction between the facts of Bryant v Commonwealth Bank of Australia and the present case; the connection between the circumstances underlying the claims is exceptionally intimate, and therefore Anshun estoppel applies, justifying refusal of the renewed adjournment application.

Jurisdiction
Australia
Judgment Date
14 May 1996
Procedural Posture
Bankruptcy Application / Renewed Application for Adjournment of Creditors' Petitions
Outcome
renewed application for adjournment dismissed
Legal Topics
["adjournment of Creditors' Petitions" 'anshun Estoppel' 'estoppel']
['bankruptcy' 'civil Procedure'] ["adjournment of Creditors' Petitions" 'anshun Estoppel' 'estoppel']

Case Brief

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Procedural Posture

Bankruptcy Application / Renewed Application for Adjournment of Creditors' Petitions

Legal Issues

  1. 1 ["Whether the renewed application for adjournment of creditors' petitions should be granted" 'Whether Anshun estoppel applies to prevent further consideration of the matter']

Ratio Decidendi

There is no sufficiently significant distinction between the facts of Bryant v Commonwealth Bank of Australia and the present case; the connection between the circumstances underlying the claims is exceptionally intimate, and therefore Anshun estoppel applies, justifying refusal of the renewed adjournment application.

Court Disposition

renewed application for adjournment dismissed

Orders

  • ['The renewed application for adjournment is dismissed.']