Stankovic v Van Der Veld (No 2) [2012] FCA 1437

Stankovic v Van Der Veld (No 2) [2012] FCA 1437

The Court refused to adjourn the hearing because the annulment proceeding had not been commenced in a timely fashion, approximately four years had elapsed since the sequestration order, other proceedings had been commenced and disposed of, and it was not appropriate to defer determination of the cross-claim merely because the current annulment proceeding might succeed.

Jurisdiction
Australia
Judgment Date
07 December 2012
Procedural Posture
Bankruptcy Proceeding Concerning Trustee's Decision and Proceeds of Sale of Property / Application for Adjournment of Hearing of Questions Raised by Cross Claim
Outcome
Application for adjournment refused.
Legal Topics
['adjournment' 'sequestration Order' 'annulment of Bankruptcy' 'protected Money' 'property Divisible Amongst Creditors' 'proceeds of Sale' 'cross Claim']
['bankruptcy' 'civil Procedure' 'property Law'] ['adjournment' 'sequestration Order' 'annulment of Bankruptcy' 'protected Money' 'property Divisible Amongst Creditors' 'proceeds of Sale' 'cross Claim']

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Procedural Posture

Bankruptcy Proceeding Concerning Trustee's Decision and Proceeds of Sale of Property / Application for Adjournment of Hearing of Questions Raised by Cross Claim

Legal Issues

  1. 1 ["Whether the hearing of the questions raised by the trustees' cross-claim should be adjourned because a further proceeding seeking annulment of the bankruptcy and restoration of the Kellyville Property was pending."]

Ratio Decidendi

The Court refused to adjourn the hearing because the annulment proceeding had not been commenced in a timely fashion, approximately four years had elapsed since the sequestration order, other proceedings had been commenced and disposed of, and it was not appropriate to defer determination of the cross-claim merely because the current annulment proceeding might succeed.

Court Disposition

Application for adjournment refused.

Orders

  • ['The application for an adjournment be refused.']