Re: Keane; Ex Parte Bobo Nominees Pty Limited [1995] FCA 1185

In the absence of proper evidence supporting the need for adjournment and considering fairness to both parties, the Court declined to adjourn the petition and determined to proceed with the hearing.

Jurisdiction: Australia
Judgment Date: 14 August 1995
Procedural Posture: Bankruptcy / Hearing on Application to Adjourn Creditor's Petition
Outcome: Application to adjourn dismissed; hearing of the petition to proceed.
Legal Topics: ['adjournment of Hearing' 'challenge to Default Judgment']

['bankruptcy'] ['adjournment of Hearing' 'challenge to Default Judgment']

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Procedural Posture

Bankruptcy / Hearing on Application to Adjourn Creditor's Petition

Legal Issues

1 ["Whether to adjourn the hearing of the creditor's petition in bankruptcy" "Whether counsel's lack of instructions due to the debtor's absence is sufficient grounds for adjournment"]

Ratio Decidendi

In the absence of proper evidence supporting the need for adjournment and considering fairness to both parties, the Court declined to adjourn the petition and determined to proceed with the hearing.

Court Disposition

Application to adjourn dismissed; hearing of the petition to proceed.

Orders

['Application for adjournment refused']