In the matter of Khadem, a bankrupt; Singh v Official Trustee in Bankruptcy [2007] FCA 495

In the matter of Khadem, a bankrupt; Singh v Official Trustee in Bankruptcy [2007] FCA 495

The application for leave to appeal should be dismissed as the applicant, after discussion with the Court, accepted that appealing would not expedite the hearing of his substantive matter and thus would provide no practical benefit.

Jurisdiction
Australia
Judgment Date
12 March 2007
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Application Withdrawn and Dismissed
Outcome
Application for leave to appeal dismissed by consent of the applicant. No order as to costs.
Legal Topics
['s 178 Bankruptcy Act 1966 (cth)' 'vesting of Property in Bankruptcy' 'trust Property in Bankruptcy' "application to Court Over Trustee's Decision"]
['bankruptcy'] ['s 178 Bankruptcy Act 1966 (cth)' 'vesting of Property in Bankruptcy' 'trust Property in Bankruptcy' "application to Court Over Trustee's Decision"]

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Application Withdrawn and Dismissed

Legal Issues

  1. 1 ["Whether leave should be granted to appeal the Federal Magistrates Court's decision to adjourn the applicant's s 178 Bankruptcy Act appeal to 17 May 2007" 'Whether the applicant would gain any practical benefit from an expedited appeal']

Ratio Decidendi

The application for leave to appeal should be dismissed as the applicant, after discussion with the Court, accepted that appealing would not expedite the hearing of his substantive matter and thus would provide no practical benefit.

Court Disposition

Application for leave to appeal dismissed by consent of the applicant. No order as to costs.

Orders

  • ['Grants leave to file affidavit of service of 8 March 2007.' 'Application for leave to appeal filed 28 February 2007 be dismissed.' 'No order as to costs.']