Bourke v Westpac Banking Corporation [2012] FCA 528

Bourke v Westpac Banking Corporation [2012] FCA 528

The appeal was dismissed because Mr Bourke failed to appear and the material provided was insufficient to justify an adjournment.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 May 2012
Procedural Posture
Bankruptcy Appeal / Appeal Hearing; Judgment
Outcome
Appeal dismissed
Legal Topics
['adjournment' 'want of Appearance' 'dismissal for Want of Prosecution' 'costs']
['bankruptcy'] ['adjournment' 'want of Appearance' 'dismissal for Want of Prosecution' 'costs']

Source-derived case record

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Procedural Posture

Bankruptcy Appeal / Appeal Hearing; Judgment

Legal Issues

  1. 1 ['Should the appeal be adjourned on medical grounds?' 'Should the appeal be dismissed for want of appearance by the appellant?']

Ratio Decidendi

The appeal was dismissed because Mr Bourke failed to appear and the material provided was insufficient to justify an adjournment.

Court Disposition

Appeal dismissed

Orders

  • ['Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the appeal is dismissed.' "Costs of the appeal are to be met by Mr Bourke's bankrupt estate."]