Re Bagshaw, Leigh Gordon Ex Parte Bagshaw, Leigh Gordon [1996] FCA 916

Re Bagshaw, Leigh Gordon Ex Parte Bagshaw, Leigh Gordon [1996] FCA 916

No sufficient basis was made out for a further adjournment. The applicant had not been prosecuting his application in a way that permitted the Court to grant the requested adjournment, and the application filed 27 August 1996 was dismissed.

Jurisdiction
Australia
Judgment Date
23 September 1996
Procedural Posture
Bankruptcy / Application Filed 27 August 1996 Dismissed at Hearing
Outcome
Application dismissed with costs of the trustees' appearance payable by the applicant.
Legal Topics
['dismissal of Application' 'adjournment' 'costs' 'proof of Debt' 'transfer of Proceedings' 'statement of Affairs']

Case Brief

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Procedural Posture

Bankruptcy / Application Filed 27 August 1996 Dismissed at Hearing

  1. 1 ["Whether the applicant's non-appearance and facsimile request provided a basis for a further adjournment of the application." 'Whether the application filed 27 August 1996 should be dismissed.']

Ratio Decidendi

No sufficient basis was made out for a further adjournment. The applicant had not been prosecuting his application in a way that permitted the Court to grant the requested adjournment, and the application filed 27 August 1996 was dismissed.

Court Disposition

Application dismissed with costs of the trustees' appearance payable by the applicant.

Orders

  • ['The application filed 27 August 1996 is dismissed.' 'The costs of the appearance on behalf of the trustees in bankruptcy be paid by the applicant, those costs to be taxed if not agreed.']