In the matter of Frank Monte, Gianni Versace SpA v Monte [2003] FCA 957

In the matter of Frank Monte, Gianni Versace SpA v Monte [2003] FCA 957

The appeal against the costs order was not based on genuine and arguable grounds and there was no prospect that the costs order would be disturbed on appeal; therefore the application to adjourn the hearing of the creditors' petition was refused.

Jurisdiction
Australia
Judgment Date
10 September 2003
Procedural Posture
Application Under S 33 of the Bankruptcy Act 1966 (cth) to Adjourn the Hearing of a Creditors' Petition / Application for Adjournment of Hearing of Creditors' Petition
Outcome
Application for adjournment refused; creditors' petition stood over to the Registrar's list for hearing on 16 September 2003.
Legal Topics
["creditors' Petition" 'adjournment' 'pending Appeal Against Costs Order']
['bankruptcy' 'civil Procedure'] ["creditors' Petition" 'adjournment' 'pending Appeal Against Costs Order']

Case Brief

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Procedural Posture

Application Under S 33 of the Bankruptcy Act 1966 (cth) to Adjourn the Hearing of a Creditors' Petition / Application for Adjournment of Hearing of Creditors' Petition

Legal Issues

  1. 1 ["Whether the hearing of the creditors' petition should be adjourned because an appeal was pending against the costs order in the judgment on which the petition was based." 'Whether the appeal against the costs order was based on genuine and arguable grounds.']

Ratio Decidendi

The appeal against the costs order was not based on genuine and arguable grounds and there was no prospect that the costs order would be disturbed on appeal; therefore the application to adjourn the hearing of the creditors' petition was refused.

Court Disposition

Application for adjournment refused; creditors' petition stood over to the Registrar's list for hearing on 16 September 2003.

Orders

  • ["The application for the adjournment of the hearing of the creditors' petition is refused." "The petition is stood over to the Registrar's list for hearing on 16 September 2003."]