In the matter of Solomon: Solomon v Green [2001] FCA 1509

In the matter of Solomon: Solomon v Green [2001] FCA 1509

The applicant failed to provide any evidence or point to any fact occurring since the sequestration order which would justify annulment under s 153B. Granting an adjournment would only allow re-litigation of matters already subject to appeal; thus the application is dismissed.

Jurisdiction
Australia
Judgment Date
28 August 2001
Procedural Posture
Application for Annulment of Sequestration Order / Final Determination at Hearing
Outcome
application dismissed
Legal Topics
['annulment of Sequestration Order' 'adjournment Request' 'appeal Pending']
['bankruptcy'] ['annulment of Sequestration Order' 'adjournment Request' 'appeal Pending']

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Procedural Posture

Application for Annulment of Sequestration Order / Final Determination at Hearing

Legal Issues

  1. 1 ['Whether there are grounds to annul the sequestration order under s 153B of the Bankruptcy Act 1966 (Cth)' 'Whether an adjournment should be granted to allow applicant to put on evidence']

Ratio Decidendi

The applicant failed to provide any evidence or point to any fact occurring since the sequestration order which would justify annulment under s 153B. Granting an adjournment would only allow re-litigation of matters already subject to appeal; thus the application is dismissed.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' "The applicant pay the respondents' costs and the costs of the Official Trustee."]