Nicholls v Mandri (No 1) [2016] FCA 1208

Nicholls v Mandri (No 1) [2016] FCA 1208

The Court refused the adjournment because, on the material before it, the respondents had not made out a case to adjourn the hearing from 13 October 2016. They did not appear at the adjournment hearing and had not filed or served appropriate material supporting the request, although they could renew the application at the commencement of the listed hearing if proper material was filed and served.

Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Application Under S 30 of the Bankruptcy Act 1966 (cth); Interlocutory Application for Adjournment / Hearing of Request to Adjourn the Hearing Listed for 13 October 2016
Outcome
Application for an adjournment dismissed; costs reserved; matter remained listed for hearing on 13 October 2016 at 10.15 am.
Legal Topics
['adjournment of Hearing' 'trustee in Bankruptcy' 'bankrupt Estate Property' 'caveat Over Real Property']
['practice and Procedure' 'bankruptcy' 'insolvency'] ['adjournment of Hearing' 'trustee in Bankruptcy' 'bankrupt Estate Property' 'caveat Over Real Property']

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Procedural Posture

Application Under S 30 of the Bankruptcy Act 1966 (cth); Interlocutory Application for Adjournment / Hearing of Request to Adjourn the Hearing Listed for 13 October 2016

Legal Issues

  1. 1 ['Whether the hearing listed for 13 October 2016 should be adjourned to allow the respondents further time to obtain legal advice and assistance.' 'Whether the material before the Court made out a sufficient basis for an adjournment.']

Ratio Decidendi

The Court refused the adjournment because, on the material before it, the respondents had not made out a case to adjourn the hearing from 13 October 2016. They did not appear at the adjournment hearing and had not filed or served appropriate material supporting the request, although they could renew the application at the commencement of the listed hearing if proper material was filed and served.

Court Disposition

Application for an adjournment dismissed; costs reserved; matter remained listed for hearing on 13 October 2016 at 10.15 am.

Orders

  • ['The application for an adjournment be dismissed.' 'The costs of the application be reserved.' 'The matter remains listed for hearing on 13 October 2016 at 10.15 am.']