Taubert v Eddaglide Pty Ltd [2000] FCA 1960

Taubert v Eddaglide Pty Ltd [2000] FCA 1960

Because the summons for leave to appeal against Hamilton J's decision could not be characterised as frivolous or vexatious with no chance of success, the proceeding should be stood over until after the return date of that summons and time for compliance with the bankruptcy notice should be extended accordingly.

Jurisdiction
Australia
Judgment Date
21 December 2000
Procedural Posture
Bankruptcy Notice Proceeding / Adjournment and Extension of Time for Compliance With Bankruptcy Notice Pending Summons for Leave to Appeal
Outcome
Proceedings adjourned and time for compliance with the bankruptcy notice extended.
Legal Topics
['bankruptcy Notice' 'extension of Time for Compliance' 'adjournment' 'leave to Appeal']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'extension of Time for Compliance' 'adjournment' 'leave to Appeal']

Case Brief

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Procedural Posture

Bankruptcy Notice Proceeding / Adjournment and Extension of Time for Compliance With Bankruptcy Notice Pending Summons for Leave to Appeal

Legal Issues

  1. 1 ["Whether the proceeding should be adjourned pending determination of Mr Taubert's summons for leave to appeal against the decision of Hamilton J." 'Whether time for compliance with the bankruptcy notice should be extended pending that determination.']

Ratio Decidendi

Because the summons for leave to appeal against Hamilton J's decision could not be characterised as frivolous or vexatious with no chance of success, the proceeding should be stood over until after the return date of that summons and time for compliance with the bankruptcy notice should be extended accordingly.

Court Disposition

Proceedings adjourned and time for compliance with the bankruptcy notice extended.

Orders

  • ['The proceedings stand adjourned to 29 March 2001.' 'Time for compliance with the bankruptcy notice in issue is extended up to and including 29 March 2001.' "Liberty is reserved to the parties to apply on three days' notice." 'Costs to date are reserved.']