Liang v Dai [2020] FCA 243

Liang v Dai [2020] FCA 243

Sufficient grounds for adjournment were not established as the evidence of forthcoming funds was uncertain and merely prospective, thus the adjournment was refused.

Parties
Applicant: Duan Liang; Respondent: Meng Dai
Jurisdiction
Australia
Judgment Date
25 February 2020
Procedural Posture
Creditor's Petition / Application for Adjournment at Hearing
Outcome
Adjournment refused; petition to proceed to hearing.
Legal Topics
Adjournment of Hearing, Creditor's Petition
Practice and Procedure Insolvency Adjournment of Hearing Creditor's Petition

Case Brief

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Parties

Duan Liang

Applicant

Meng Dai

Respondent

Procedural Posture

Creditor's Petition / Application for Adjournment at Hearing

Legal Issues

  1. 1 Whether the hearing of the creditor's petition should be adjourned

Ratio Decidendi

Sufficient grounds for adjournment were not established as the evidence of forthcoming funds was uncertain and merely prospective, thus the adjournment was refused.

Court Disposition

Adjournment refused; petition to proceed to hearing.

Orders

  • The respondent's application for an adjournment of the hearing of the creditor's petition listed today, be dismissed.