In the matter of Cortaus Ltd (in liquidation) Sheahan, John v Joye, Ian Edward (No 3) [1996] FCA 445

In the matter of Cortaus Ltd (in liquidation) Sheahan, John v Joye, Ian Edward (No 3) [1996] FCA 445

Having balanced the prejudice to each party and considered the balance of convenience, it is appropriate to further adjourn the respondent's examination until after the Full Court determines the constitutional issues.

Jurisdiction
Australia
Judgment Date
07 June 1996
Procedural Posture
Corporations Application / Interlocutory Decision on Adjournment of Examination Pending Constitutional Issues
Outcome
Examination of respondent further adjourned
Legal Topics
['examination of Officers' 'jurisdiction of the Federal Court' 'adjournment Pending Constitutional Questions' "liquidator's Powers"]
['corporations Law'] ['examination of Officers' 'jurisdiction of the Federal Court' 'adjournment Pending Constitutional Questions' "liquidator's Powers"]

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Procedural Posture

Corporations Application / Interlocutory Decision on Adjournment of Examination Pending Constitutional Issues

Legal Issues

  1. 1 ['Whether the examination of the respondent should be adjourned pending the final determination of constitutional issues by the Full Court' 'Whether prejudice to the liquidator or the respondent should determine the balance of convenience in granting adjournment']

Ratio Decidendi

Having balanced the prejudice to each party and considered the balance of convenience, it is appropriate to further adjourn the respondent's examination until after the Full Court determines the constitutional issues.

Court Disposition

Examination of respondent further adjourned

Orders

  • ['The examination of Ian Edward Joye is further adjourned to a date to be fixed not earlier than the determination by the Full Court of questions reserved in VG 3304 of 1992 Amann Aviation Pty Ltd (in Liquidation) v The Application of Martin Russell-Brown.' 'Consideration of paragraphs 1-6 and further consideration...