Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 454

Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 454

Adjournment and consent to file notice of opposition not granted because there is no evidence supporting the asserted duress, and there is no reasonable prospect of the defence succeeding; therefore, utility of adjournment or opposition notice is lacking and application denied.

Jurisdiction
Australia
Judgment Date
01 May 2003
Procedural Posture
Bankruptcy Creditors' Petition / Interlocutory Hearing (application for Adjournment and Filing Notice of Opposition)
Outcome
Application to adjourn and file notice of opposition denied; hearing of petition to proceed.
Legal Topics
["creditors' Petition" 'notice of Opposition' 'adjournment' 'duress' 'evidence Certificate' 'default Judgment']
['bankruptcy'] ["creditors' Petition" 'notice of Opposition' 'adjournment' 'duress' 'evidence Certificate' 'default Judgment']

Case Brief

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Procedural Posture

Bankruptcy Creditors' Petition / Interlocutory Hearing (application for Adjournment and Filing Notice of Opposition)

Legal Issues

  1. 1 ["Whether the respondent debtor can file a notice of opposition to the creditors' petition at the hearing with the Court's consent" 'Whether an adjournment should be granted to enable evidence to be filed in support of grounds of opposition (duress)' 'Whether the respondent is entitled to a certificate under Evidence Act 1995 (Cth), s 128' 'Whether the acts constituting liability were committed under duress and thus no debt is owing' 'Applicability of Legal Profession Act 1987 (NSW), s 198J to forming a defence']

Ratio Decidendi

Adjournment and consent to file notice of opposition not granted because there is no evidence supporting the asserted duress, and there is no reasonable prospect of the defence succeeding; therefore, utility of adjournment or opposition notice is lacking and application denied.

Court Disposition

Application to adjourn and file notice of opposition denied; hearing of petition to proceed.

Orders

  • ['The hearing of the petition be adjourned to 2 May 2003 at 3.00 pm.']