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
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy / Application Filed 27 August 1996 Dismissed at Hearing
Legal Issues
- 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.']
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