Sunderland v G & J Drivas Pty Ltd [2000] FCA 1028

Sunderland v G & J Drivas Pty Ltd [2000] FCA 1028

The application for adjournment was refused because there was no realistic prospect of obtaining legal advice that would assist the applicant, the applicant could oppose the making of a sequestration order in a subsequent bankruptcy petition, and the grounds for setting aside the bankruptcy notice lacked a real chance of success.

Parties
Applicant: Donna Anne Sunderland; First Respondent: G & J Drivas Pty Ltd; Second Respondent: Telado Pty Limited
Jurisdiction
Australia
Judgment Date
25 July 2000
Procedural Posture
Application to Set Aside Bankruptcy Notice / Decision on Application for Adjournment
Outcome
application for adjournment refused
Legal Topics
Adjournment, Bankruptcy Notice
Bankruptcy Adjournment Bankruptcy Notice

Case Brief

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Parties

Donna Anne Sunderland

Applicant

G & J Drivas Pty Ltd

First Respondent

Telado Pty Limited

Second Respondent

Procedural Posture

Application to Set Aside Bankruptcy Notice / Decision on Application for Adjournment

Legal Issues

  1. 1 Should an adjournment be granted in the application to set aside a bankruptcy notice?

Ratio Decidendi

The application for adjournment was refused because there was no realistic prospect of obtaining legal advice that would assist the applicant, the applicant could oppose the making of a sequestration order in a subsequent bankruptcy petition, and the grounds for setting aside the bankruptcy notice lacked a real chance of success.

Court Disposition

application for adjournment refused

Orders

  • The application for adjournment be refused.