Klewer v Official Trustee in Bankruptcy [2008] FCA 1418

Klewer v Official Trustee in Bankruptcy [2008] FCA 1418

The hearing was vacated and relisted to give appellants further time for written submissions, given the first appellant's asserted medical condition, lack of submissions to date, and absence of a definite timeframe for the requested adjournment.

Parties
First Appellant: Lucy Klewer; Second Appellant: Robert Klewer; Respondent: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
11 September 2008
Procedural Posture
Appeal / Interlocutory (application to Adjourn Appeal Hearing)
Outcome
Hearing vacated and relisted for submissions; adjournment for indefinite period refused.
Legal Topics
Adjournment of Hearing, Medical Grounds for Adjournment
Bankruptcy Adjournment of Hearing Medical Grounds for Adjournment

Case Brief

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Parties

Lucy Klewer

First Appellant

Robert Klewer

Second Appellant

Official Trustee in Bankruptcy

Respondent

Procedural Posture

Appeal / Interlocutory (application to Adjourn Appeal Hearing)

Legal Issues

  1. 1 Whether the hearing of the notice of appeal should be adjourned due to the first appellant's medical condition

Ratio Decidendi

The hearing was vacated and relisted to give appellants further time for written submissions, given the first appellant's asserted medical condition, lack of submissions to date, and absence of a definite timeframe for the requested adjournment.

Court Disposition

Hearing vacated and relisted for submissions; adjournment for indefinite period refused.

Orders

  • The hearing listed for 16 September 2008 be vacated.
  • The matter be listed for hearing for half a day on 30 September 2008 at 2.15pm.