Re Hibbard, N.K. v. Ex parte Playroom Pty Ltd [1987] FCA 776

Re Hibbard, N.K. v. Ex parte Playroom Pty Ltd [1987] FCA 776

The petition for sequestration should be adjourned where a genuine and arguable appeal is pending against the judgment debt unless there are exceptional circumstances that justify departure from this principle.

Parties
Debtor: Norman Kingsley Hibbard; Petitioning Creditor: Playroom Pty. Ltd.
Jurisdiction
Australia
Judgment Date
18 February 1987
Procedural Posture
Creditor's Petition for Sequestration Order / Hearing of Application for Adjournment Pending Appeal
Outcome
Petition adjourned generally
Legal Topics
Sequestration Order, Adjournment Pending Appeal
Bankruptcy Sequestration Order Adjournment Pending Appeal

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Parties

Norman Kingsley Hibbard

Debtor

Playroom Pty. Ltd.

Petitioning Creditor

Procedural Posture

Creditor's Petition for Sequestration Order / Hearing of Application for Adjournment Pending Appeal

Legal Issues

  1. 1 Whether the petition for sequestration should be adjourned pending determination of appeal against judgment debt

Ratio Decidendi

The petition for sequestration should be adjourned where a genuine and arguable appeal is pending against the judgment debt unless there are exceptional circumstances that justify departure from this principle.

Court Disposition

Petition adjourned generally

Orders

  • The petition for sequestration will be adjourned generally, with liberty to either party to apply to have the matter listed on reasonable notice, failing which it will be listed for mention on 21 March 1988 at 9.30 a.m.
  • Costs of today be the petitioning creditor's costs in the proceedings.