Re McDermott, L.C. v. Ex parte Commonwealth Bank of Australia [1994] FCA 850

Re McDermott, L.C. v. Ex parte Commonwealth Bank of Australia [1994] FCA 850

The adjournment was refused because the debtor did not explain how the illness affected the ability to comply with the payment arrangement, the first required payment predated the certified illness, the agreement had not been satisfied, there was no indication of any alternative arrangement, and there was no additional factual foundation for adjourning the petition on the basis of the debtor's health or presence in court.

Jurisdiction
Australia
Judgment Date
08 November 1994
Procedural Posture
Creditor's Petition in Bankruptcy / Application by Debtor for Adjournment
Outcome
Application for adjournment refused.
Legal Topics
["creditor's Petition" 'bankruptcy Notice' 'act of Bankruptcy' 'adjournment' 'substituted Service']
['bankruptcy and Insolvency' 'civil Procedure'] ["creditor's Petition" 'bankruptcy Notice' 'act of Bankruptcy' 'adjournment' 'substituted Service']

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Procedural Posture

Creditor's Petition in Bankruptcy / Application by Debtor for Adjournment

Legal Issues

  1. 1 ["Whether the creditor's petition should be adjourned for a further two weeks to allow the debtor further time to meet the payment arrangement." "Whether the debtor's health provided a sufficient factual foundation for adjourning the petition."]

Ratio Decidendi

The adjournment was refused because the debtor did not explain how the illness affected the ability to comply with the payment arrangement, the first required payment predated the certified illness, the agreement had not been satisfied, there was no indication of any alternative arrangement, and there was no additional factual foundation for adjourning the petition on the basis of the debtor's health or presence in court.

Court Disposition

Application for adjournment refused.

Orders

  • []