Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 455

Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 455

It is appropriate to adjourn the hearing of the petition on terms that the debtor consents both to control of his property under s 50 and to entry of a sequestration order on 15 May 2003, as this course preserves the debtor's right to pursue an appeal without prejudicing creditors' interests.

Jurisdiction
Australia
Judgment Date
02 May 2003
Procedural Posture
Bankruptcy Petition / Interlocutory Application for Adjournment
Outcome
Hearing of the petition adjourned to 15 May 2003 on terms.
Legal Topics
['sequestration Order' 'adjournment of Petition' 'effect of Bankruptcy Act on Appeal Proceedings' "control of Debtor's Property"]
['bankruptcy'] ['sequestration Order' 'adjournment of Petition' 'effect of Bankruptcy Act on Appeal Proceedings' "control of Debtor's Property"]

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Procedural Posture

Bankruptcy Petition / Interlocutory Application for Adjournment

Legal Issues

  1. 1 ["Whether the hearing of a creditor's petition for a sequestration order should be adjourned to allow the debtor to prosecute an application for leave to appeal in the NSW Court of Appeal" 'Effect of the making of a sequestration order under Bankruptcy Act 1966 (Cth) on pending appellate proceedings' "Appropriateness of appointing a trustee to take control of the debtor's property under s 50 of the Bankruptcy Act"]

Ratio Decidendi

It is appropriate to adjourn the hearing of the petition on terms that the debtor consents both to control of his property under s 50 and to entry of a sequestration order on 15 May 2003, as this course preserves the debtor's right to pursue an appeal without prejudicing creditors' interests.

Court Disposition

Hearing of the petition adjourned to 15 May 2003 on terms.

Orders

  • ['Warren Pantzer to take control of the property of the debtor pursuant to s 50(1) of the Bankruptcy Act 1966 (Cth)' 'Such control to end upon a sequestration order being made' 'Debtor to undertake to consent to sequestration order on 15 May 2003, not seek adjournment on that date, and consent to appointment of...