Young v ICM Agriculture Pty Ltd (No 2) [2009] FCA 1453

Young v ICM Agriculture Pty Ltd (No 2) [2009] FCA 1453

There was ample opportunity since the sequestration order and previous indication from counsel to investigate these matters; no sufficient case was made for an extension or adjournment; therefore, the motion was dismissed and costs awarded to the respondent.

Jurisdiction
Australia
Judgment Date
25 November 2009
Procedural Posture
Civil / Application to Set Aside Orders/adjournment Motion; Costs Orders
Outcome
Motion dismissed; costs ordered against applicants on the motion; clarification that dismissal does not preclude future proceedings by trustees.
Legal Topics
['sequestration Order' 'standing of Trustees in Bankruptcy' 'adjournment and Extension of Time' 'costs']
['bankruptcy Law' 'civil Procedure'] ['sequestration Order' 'standing of Trustees in Bankruptcy' 'adjournment and Extension of Time' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application to Set Aside Orders/adjournment Motion; Costs Orders

Legal Issues

  1. 1 ['Whether sufficient case is made for adjournment and extension of time to investigate appointment of directors in AAC; Whether applicants have demonstrated grounds to set aside previous orders of dismissal.']

Ratio Decidendi

There was ample opportunity since the sequestration order and previous indication from counsel to investigate these matters; no sufficient case was made for an extension or adjournment; therefore, the motion was dismissed and costs awarded to the respondent.

Court Disposition

Motion dismissed; costs ordered against applicants on the motion; clarification that dismissal does not preclude future proceedings by trustees.

Orders

  • ['The motion brought by Susan Bestow Young, Casey Kevin Alan Young and Cog Lake Pty Limited by notice of motion filed on 24 November 2009 be dismissed.' 'Susan Bestow Young, Casey Kevin Alan Young and Cog Lake Pty Limited pay the costs of the respondent, ICM Agriculture Pty Ltd on the motion.' 'The dismissal of the...