Green v Solomon [2001] FCA 625

Green v Solomon [2001] FCA 625

Although the prospects of the respondent obtaining special leave to appeal appeared remote because the proposed appeal turned on factual matters and disclosed no apparent principle of general importance, the recent death of his adult son justified a short adjournment of the creditors' petition. The respondent was required to pay the petitioning creditors' costs thrown away by the adjournment.

Jurisdiction
Australia
Judgment Date
22 May 2001
Procedural Posture
Creditors' Petition / Respondent Debtor's Application for Adjournment of the Hearing of a Creditors' Petition
Outcome
Hearing of the creditors' petition adjourned for two weeks, with the respondent to pay the petitioning creditors' costs thrown away by the adjournment.
Legal Topics
["creditors' Petition" 'adjournment' 'special Leave to Appeal' 'costs Thrown Away']
['bankruptcy and Insolvency' 'civil Procedure'] ["creditors' Petition" 'adjournment' 'special Leave to Appeal' 'costs Thrown Away']

Case Brief

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Procedural Posture

Creditors' Petition / Respondent Debtor's Application for Adjournment of the Hearing of a Creditors' Petition

Legal Issues

  1. 1 ["Whether the hearing of the creditors' petition should be adjourned because the respondent had filed an application for special leave to the High Court." "Whether the hearing should be adjourned because of the recent death of the respondent's adult son." "Whether the respondent should pay the petitioning creditors' costs thrown away by any adjournment."]

Ratio Decidendi

Although the prospects of the respondent obtaining special leave to appeal appeared remote because the proposed appeal turned on factual matters and disclosed no apparent principle of general importance, the recent death of his adult son justified a short adjournment of the creditors' petition. The respondent was required to pay the petitioning creditors' costs thrown away by the adjournment.

Court Disposition

Hearing of the creditors' petition adjourned for two weeks, with the respondent to pay the petitioning creditors' costs thrown away by the adjournment.

Orders

  • ["The hearing of the creditors' petition be adjourned for two weeks." "The respondent is to pay the petitioning creditors' costs thrown away by the adjournment." 'The matter be listed before the duty judge in two weeks time.']