New Age Constructions (NSW) Pty Ltd v Etlis [2013] FCA 712

New Age Constructions (NSW) Pty Ltd v Etlis [2013] FCA 712

A short adjournment is granted on the conditions that the first respondent give an undertaking regarding property dealings and pay any costs thrown away by the adjournment, the interests of procedural fairness towards creditors warrant affording brief time for further affidavit evidence, despite doubts as to its utility.

Jurisdiction
Australia
Judgment Date
22 July 2013
Procedural Posture
Application / Interlocutory; Adjournment; Directions
Outcome
Adjournment granted; directions and costs ordered; leave to amend granted; property undertaking noted.
Legal Topics
['adjournment' 'service of Notice to Creditors' 'affidavit Evidence']
['bankruptcy'] ['adjournment' 'service of Notice to Creditors' 'affidavit Evidence']

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Procedural Posture

Application / Interlocutory; Adjournment; Directions

Legal Issues

  1. 1 ['Whether adjournment should be granted' 'Whether creditors have received proper notice under the Rules' 'Utility of further affidavit evidence to be filed']

Ratio Decidendi

A short adjournment is granted on the conditions that the first respondent give an undertaking regarding property dealings and pay any costs thrown away by the adjournment, the interests of procedural fairness towards creditors warrant affording brief time for further affidavit evidence, despite doubts as to its utility.

Court Disposition

Adjournment granted; directions and costs ordered; leave to amend granted; property undertaking noted.

Orders

  • ['The first respondent file and serve any affidavit material on which she proposes to rely, by 4.00 pm on 26 July 2013.' 'The applicant and the second respondent file and serve any responding affidavits to any affidavits filed by the first respondent, by 4.00 pm on 9 August 2013.' 'The first respondent pay any costs...