Jonson K.M. v Westpac Banking Corporation [1994] FCA 1073

Jonson K.M. v Westpac Banking Corporation [1994] FCA 1073

The appeal by Jonson is weak and has minimal prospects of success; therefore, there is no sufficient reason to adjourn the bankruptcy petition pending the outcome of his appeal.

Parties
Creditor: Westpac Banking Corporation; Debtor: Keith Michael Jonson
Jurisdiction
Australia
Judgment Date
02 December 1994
Procedural Posture
Bankruptcy Petition / Hearing on Adjournment of Petition
Outcome
Application for adjournment dismissed
Legal Topics
Adjournment of Proceedings, Sequestration Order, Appeal Prospects
Bankruptcy Civil Procedure Adjournment of Proceedings Sequestration Order Appeal Prospects

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 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Westpac Banking Corporation

Creditor

Keith Michael Jonson

Debtor

Procedural Posture

Bankruptcy Petition / Hearing on Adjournment of Petition

Legal Issues

  1. 1 Whether the bankruptcy petition should be adjourned pending the outcome of Jonson's appeal against the Supreme Court judgment
  2. 2 Whether the Court should go behind the judgment debt relied upon by Westpac
  3. 3 Whether Jonson's appeal raises arguable grounds justifying an adjournment

Ratio Decidendi

The appeal by Jonson is weak and has minimal prospects of success; therefore, there is no sufficient reason to adjourn the bankruptcy petition pending the outcome of his appeal.

Court Disposition

Application for adjournment dismissed

Orders

  • Application for adjournment of the bankruptcy petition is dismissed