Ashdown v Spargo [2007] FCA 1399

Ashdown v Spargo [2007] FCA 1399

Leave to continue Supreme Court proceedings is appropriate as the factual issues are complex and more suited to trial than resolution through bankruptcy proof of debt process.

Parties
Applicant: Edith Lillah Marie Ashdown; First Respondent: Leslie John Spargo; Second Respondent: Andrew Aravanis
Jurisdiction
Australia
Judgment Date
05 September 2007
Procedural Posture
Bankruptcy Application / Post Bankruptcy Application for Leave to Continue Proceedings
Outcome
Application allowed
Legal Topics
Leave to Continue Proceedings, Provable Debt, Bankruptcy Act 1966 S 58(3)(b)
Bankruptcy Leave to Continue Proceedings Provable Debt Bankruptcy Act 1966 S 58(3)(b)

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Parties

Edith Lillah Marie Ashdown

Applicant

Leslie John Spargo

First Respondent

Andrew Aravanis

Second Respondent

Procedural Posture

Bankruptcy Application / Post Bankruptcy Application for Leave to Continue Proceedings

Legal Issues

  1. 1 Whether leave should be granted under s 58(3)(b) of the Bankruptcy Act 1966 to continue proceedings in respect of a provable debt after bankruptcy

Ratio Decidendi

Leave to continue Supreme Court proceedings is appropriate as the factual issues are complex and more suited to trial than resolution through bankruptcy proof of debt process.

Court Disposition

Application allowed

Orders

  • Leave granted to applicant to take fresh steps in and continue Supreme Court proceedings no. 3897 of 2006 pursuant to s 58(3)(b) Bankruptcy Act 1966 (Cth).
  • Leave deemed granted from 29 August 2007.