Jeray v Blue Mountains City Council [2013] FCA 345

Jeray v Blue Mountains City Council [2013] FCA 345

The applicant did not identify any error in the reasons of the District Registrar; the review did not disclose any error. No sufficient ground existed to adjourn the proceedings or for the judge to recuse himself. Consequently, the application was dismissed with costs.

Parties
Applicant: Ivan Jeray; Respondent: Blue Mountains City Council
Jurisdiction
Australia
Judgment Date
15 April 2013
Procedural Posture
Application to Review Dismissal of Application to Set Aside Bankruptcy Notice / Interlocutory Application; Judgment on Application to Set Aside District Registrar's Decision
Outcome
Application dismissed with costs
Legal Topics
Set Aside Bankruptcy Notice, Extension of Time, Adjournment, Recusal of Judge, Costs
Bankruptcy Civil Procedure Set Aside Bankruptcy Notice Extension of Time Adjournment Recusal of Judge Costs

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Parties

Ivan Jeray

Applicant

Blue Mountains City Council

Respondent

Procedural Posture

Application to Review Dismissal of Application to Set Aside Bankruptcy Notice / Interlocutory Application; Judgment on Application to Set Aside District Registrar's Decision

Legal Issues

  1. 1 Whether the District Registrar erred in dismissing the application to set aside the bankruptcy notice and for interim orders
  2. 2 Whether there was ground for adjournment of hearing
  3. 3 Whether there was ground for the judge to recuse himself

Ratio Decidendi

The applicant did not identify any error in the reasons of the District Registrar; the review did not disclose any error. No sufficient ground existed to adjourn the proceedings or for the judge to recuse himself. Consequently, the application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs.