Combe v Ziade (In the matter of Faye Diane Combe) [2002] FCA 827

Combe v Ziade (In the matter of Faye Diane Combe) [2002] FCA 827

Balancing all circumstances, including the applicant's unrepresented status and the lack of a properly formed application, a further short extension of time is granted to allow the applicant a final opportunity to prepare her application to the Court of Appeal. The respondent's costs thrown away by the adjournment...

Source-derived case information.

Parties
Applicant: Faye Diane Combe; Respondent: Anthony Ziade
Jurisdiction
Australia
Judgment Date
28 May 2002
Procedural Posture
Bankruptcy Application / Interlocutory Hearing
Outcome
Application and motion adjourned; time for compliance with bankruptcy notice extended; costs of adjournment to respondent
Legal Topics
Application to Set Aside or Extend Time for Compliance With Bankruptcy Notice, Adjournment, Costs
Bankruptcy Application to Set Aside or Extend Time for Compliance With Bankruptcy Notice Adjournment Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Faye Diane Combe

Applicant

Anthony Ziade

Respondent

Procedural Posture

Bankruptcy Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether time for compliance with the bankruptcy notice should be extended
  2. 2 Whether the applicant has made a case for setting aside the bankruptcy notice

Ratio Decidendi

Balancing all circumstances, including the applicant's unrepresented status and the lack of a properly formed application, a further short extension of time is granted to allow the applicant a final opportunity to prepare her application to the Court of Appeal. The respondent's costs thrown away by the adjournment are to be paid by the applicant.

Court Disposition

Application and motion adjourned; time for compliance with bankruptcy notice extended; costs of adjournment to respondent

Orders

  • The application and the motion be adjourned to 24 June 2002.
  • The time for compliance with the Bankruptcy Notice be extended to 5.00pm on 24 June 2002.