Rasevi Pty Limited v Udowenko, in the matter of Udowenko [2003] FCA 284

Rasevi Pty Limited v Udowenko, in the matter of Udowenko [2003] FCA 284

Although the explanation for why the matter was not ready for hearing was unsatisfactory and there was substantial force in Rasevi Pty Limited's opposition, a short adjournment was granted with directions because Mr and Mrs Udowenko should be given an opportunity to place the relevant evidence before the Court, with the costs thrown away by the adjournment ordered against them.

Jurisdiction
Australia
Judgment Date
26 March 2003
Procedural Posture
Application for Leave to Appeal in Bankruptcy Proceedings / Adjournment of Notice of Motion Seeking Leave to Appeal From the Judgment of Lindgren J Delivered on 7 February 2003
Outcome
Short adjournment granted; directions made for evidence and submissions; respondents ordered to pay costs thrown away by the adjournment.
Legal Topics
['sequestration Orders' 'bankruptcy Notice Service' 'fresh Evidence on Leave to Appeal' 'adjournment' 'costs Thrown Away']
['bankruptcy' 'civil Procedure' 'appellate Procedure'] ['sequestration Orders' 'bankruptcy Notice Service' 'fresh Evidence on Leave to Appeal' 'adjournment' 'costs Thrown Away']

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Procedural Posture

Application for Leave to Appeal in Bankruptcy Proceedings / Adjournment of Notice of Motion Seeking Leave to Appeal From the Judgment of Lindgren J Delivered on 7 February 2003

Legal Issues

  1. 1 ['Whether the hearing of the notice of motion seeking leave to appeal should be adjourned to allow Mr Michael Udowenko and Mrs Helen Udowenko to file further evidence and submissions.' 'Whether the proposed fresh evidence concerning service of the Bankruptcy Notice required an explanation as to why it could not, with reasonable diligence, have been available before Lindgren J.']

Ratio Decidendi

Although the explanation for why the matter was not ready for hearing was unsatisfactory and there was substantial force in Rasevi Pty Limited's opposition, a short adjournment was granted with directions because Mr and Mrs Udowenko should be given an opportunity to place the relevant evidence before the Court, with the costs thrown away by the adjournment ordered against them.

Court Disposition

Short adjournment granted; directions made for evidence and submissions; respondents ordered to pay costs thrown away by the adjournment.

Orders

  • ['The notice of motion seeking leave to appeal from the judgment of Lindgren J of 7 February 2003 is stood over until 7 April 2003 at 10.15 am.' 'Applicants on the motion, being respondents in the proceedings, are to file and serve all further evidence and submissions on or before 4 pm 1 April 2003.' 'Respondents on...