In the matter of the Bankruptcy Act 1966 and in the matter of Creditor's Petition re John Thomas Savage ex parte General Plastics Pty Lty 1978 FCA 126

In the matter of the Bankruptcy Act 1966 and in the matter of Creditor's Petition re John Thomas Savage ex parte General Plastics Pty Lty 1978 FCA 126

The Court granted the debtor an adjournment but imposed directions for the orderly filing and service of any further affidavit material, the debtor's notice of opposition and affidavits, and any answering affidavits, with costs reserved.

Jurisdiction
Australia
Judgment Date
01 November 1978
Procedural Posture
Creditor's Petition in Bankruptcy Under the Bankruptcy Act 1966 / Debtor's Opposed Application for Adjournment of the Hearing of the Petition
Outcome
Further hearing of the creditor's petition adjourned to Tuesday 21 November 1978 at 10.30 a.m.; costs reserved.
Legal Topics
["creditor's Petition" 'bankruptcy Notice' 'sequestration Order' 'adjournment' 'notice of Opposition' 'costs Reserved']
['bankruptcy and Insolvency' 'civil Procedure'] ["creditor's Petition" 'bankruptcy Notice' 'sequestration Order' 'adjournment' 'notice of Opposition' 'costs Reserved']

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Procedural Posture

Creditor's Petition in Bankruptcy Under the Bankruptcy Act 1966 / Debtor's Opposed Application for Adjournment of the Hearing of the Petition

Legal Issues

  1. 1 ["Whether the hearing of the creditor's petition should be adjourned on the debtor's application." 'What timetable should be set for any further affidavits, notice of opposition and answering affidavits.' 'Whether costs of the adjournment application should be ordered immediately or reserved.']

Ratio Decidendi

The Court granted the debtor an adjournment but imposed directions for the orderly filing and service of any further affidavit material, the debtor's notice of opposition and affidavits, and any answering affidavits, with costs reserved.

Court Disposition

Further hearing of the creditor's petition adjourned to Tuesday 21 November 1978 at 10.30 a.m.; costs reserved.

Orders

  • ['The petitioning creditor is to file and serve any further affidavits on which it relies by 12 noon on Friday, 3 November 1978.' 'The debtor is to file and serve any notice of opposition on which he proposes to rely and any affidavit in support by 15 November 1978.' "Any affidavits to be filed on behalf of the...