Parkinson v Driessen [1999] FCA 197

Parkinson v Driessen [1999] FCA 197

The application was dismissed because the Court refused to adjourn the hearing and, after the applicant chose not to read his application or affidavits, there was no material before the Court upon which the bankruptcy notice could be set aside.

Jurisdiction
Australia
Judgment Date
24 February 1999
Procedural Posture
Application to Set Aside a Bankruptcy Notice Based Upon a Default Judgment in the Magistrates Court / Hearing and Judgment on the Application
Outcome
Application dismissed with costs.
Legal Topics
['bankruptcy Notice' 'default Judgment' 'adjournment' 'self Represented Litigant' 'costs']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'default Judgment' 'adjournment' 'self Represented Litigant' 'costs']

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Procedural Posture

Application to Set Aside a Bankruptcy Notice Based Upon a Default Judgment in the Magistrates Court / Hearing and Judgment on the Application

Legal Issues

  1. 1 ["Whether the proceedings should be adjourned because the applicant's witness was unavailable and the applicant had dismissed his legal advisers." 'Whether the bankruptcy notice should be set aside where the applicant did not read his application or affidavits and no supporting material was before the Court.']

Ratio Decidendi

The application was dismissed because the Court refused to adjourn the hearing and, after the applicant chose not to read his application or affidavits, there was no material before the Court upon which the bankruptcy notice could be set aside.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs of the proceedings, including reserved costs."]