Bond Lod Pty Ltd & Anor v. Bokal-Nee Aboriginal Corporation [1985] FCA 426

Bond Lod Pty Ltd & Anor v. Bokal-Nee Aboriginal Corporation [1985] FCA 426

A final, time-limited adjournment is warranted to allow the Aboriginal corporation's internal disputes to be resolved, allowing time for payment of creditors; but no indefinite delay will be tolerated, and further adjournment is unlikely absent resolution.

Parties
Petitioner: Bond Lod Pty Limited trading as Taylor's Hardware; Respondent: Bokal-Nee Aboriginal Corporation
Jurisdiction
Australia
Judgment Date
15 August 1985
Procedural Posture
Winding Up Petition / Adjournment of Further Hearing; Reasons for Orders on Interlocutory Application
Outcome
Further hearing adjourned; costs reserved
Legal Topics
Winding Up Application, Aboriginal Corporations, Adjournment of Proceedings

Case Brief

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Parties

Bond Lod Pty Limited trading as Taylor's Hardware

Petitioner

Bokal-Nee Aboriginal Corporation

Respondent

Procedural Posture

Winding Up Petition / Adjournment of Further Hearing; Reasons for Orders on Interlocutory Application

  1. 1 Whether to grant a further adjournment of a winding up petition against an Aboriginal corporation involved in an internal dispute regarding creditor payment

Ratio Decidendi

A final, time-limited adjournment is warranted to allow the Aboriginal corporation's internal disputes to be resolved, allowing time for payment of creditors; but no indefinite delay will be tolerated, and further adjournment is unlikely absent resolution.

Court Disposition

Further hearing adjourned; costs reserved

Orders

  • Further hearing of the matter adjourned until Friday 18 October at 9.30 a.m.
  • Costs of 15 August 1985 reserved