Offermans v Hodge [2018] FCA 1818

Offermans v Hodge [2018] FCA 1818

No reviewable error was demonstrated in the Registrar's refusal to adjourn hearing of creditors' petitions; given the facts, a serious injustice to the bankrupts was not shown, whereas granting adjournment would have caused injustice to creditors. The merits of the bankrupts' prospective appeal were poor and allegations of fraud were unsubstantiated.

Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Application for Review / Judgment on Review of Registrar's Decision
Outcome
Application to review the decision of the Registrar dismissed with costs.
Legal Topics
["review of Registrar's Decision" 'adjournment' 'sequestration Orders' 'phoenix Activity']
['bankruptcy and Insolvency'] ["review of Registrar's Decision" 'adjournment' 'sequestration Orders' 'phoenix Activity']

Case Brief

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Procedural Posture

Application for Review / Judgment on Review of Registrar's Decision

Legal Issues

  1. 1 ["Whether the Registrar erred in refusing to adjourn the hearing of creditors' petitions" 'Whether the sequestration orders should be set aside due to alleged fraud' 'Whether the bankrupts suffered serious injustice by refusal to adjourn']

Ratio Decidendi

No reviewable error was demonstrated in the Registrar's refusal to adjourn hearing of creditors' petitions; given the facts, a serious injustice to the bankrupts was not shown, whereas granting adjournment would have caused injustice to creditors. The merits of the bankrupts' prospective appeal were poor and allegations of fraud were unsubstantiated.

Court Disposition

Application to review the decision of the Registrar dismissed with costs.

Orders

  • ['The application to review the decision of the Registrar pursuant to s 35A of the Federal Court Act 1976 (Cth) be dismissed with costs (for both QUD 587 of 2017 and QUD 600 of 2017).']