Easton v Kostov

The applicant, Kostov, sought a review of a sequestration order made by the District Registrar and also an extension of time to bring the application for review. The respondent, Easton, did not appear for the hearing of the application, having sent a notice of discontinuance. The matter was heard in the Federal Court of Australia. The primary issue before the court was whether the application for review should proceed despite the respondent's failure to attend the hearing and whether an extension of time to bring the application should be granted. A secondary issue was whether the notice of discontinuance was valid.

The court held that the respondent's notice of discontinuance was not valid as it was not signed by the respondent or her legal representative. The court found that the respondent's failure to attend the hearing was inexcusable and that there was no sufficient reason to grant an extension of time to bring the application for review. The court held that the respondent had an obligation to attend the hearing and that the application for review should be dismissed. The court also held that the applicant's costs of the application should be paid from the estate of the respondent debtor, and that any further proceedings brought by the respondent debtor against the applicant creditor for the same or substantially the same relief be stayed until the costs have been paid.