Gao v Official Trustee in Bankruptcy

[2003] FCA 366

FEDERAL COURT OF AUSTRALIA

Gao v Official Trustee in Bankruptcy [2003] FCA 366

PENG YUAN GAO v THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the bankrupt estate of YU JING ZHU

No V 830 of 2002

SPENDER J
BRISBANE
24 APRIL 2003

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 830 OF 2002

BETWEEN:	PENG YUAN GAO APPELLANT
AND:	THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the bankrupt estate of YU JING ZHU RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	24 APRIL 2003
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application that the hearing of the appeal be adjourned, and that further pro bono legal assistance be provided, is refused.

2.The appellant can renew his application on 5 May 2003 at 10.15 am, but in the event he is again unsuccessful, he must then be prepared to argue his appeal and his application for leave to appeal.

3.Any amended notice of appeal must be filed forthwith.

4.There be no order as to costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 830 OF 2002

BETWEEN:	PENG YUAN GAO APPELLANT
AND:	THE OFFICIAL TRUSTEE IN BANKRUPTCY as trustee of the bankrupt estate of YU JING ZHU RESPONDENT

JUDGE:	SPENDER J
DATE:	24 APRIL 2003
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. I have considered a copy of an application and affidavit in support from Mr Gao received on 17 April 2003.  The application, which is really a notice of motion, seeks the adjournment of the hearing of the appeal and pro bono legal assistance for Mr Gao.  I have also considered an earlier application by Mr Gao for further pro-bono legal assistance and the vacation of the hearing date, and the affidavit in support.

2. There is nothing in the material to indicate that this is an appropriate case for the grant of any further pro bono legal assistance to Mr Gao, nor is there any valid reason shown why the hearing date, 5 May 2003, should be vacated, with the hearing of the appeal and the application for leave to appeal being adjourned.  The notice of appeal from the orders made by Sundberg J on 6 November 2003 and related orders on 4 October 2002 was filed on 27 November 2002, and the orders of Ryan J, the subject of an application for leave to appeal, were made on 19 December 2002.

3. Mr Gao can renew his application for an adjournment and renew his application for further pro bono legal assistance when the matter is called on for hearing on 5 May 2003, but Mr Gao must be ready to proceed to argue his appeal and his application for leave to appeal should those renewed applications be unsuccessful.

4. The filing of any amended notice of appeal by Mr Gao must be attended to forthwith. 

5. Both the appeal from the orders of Sundberg J and the application for leave to appeal from the orders of Ryan J will be listed for hearing on 5 May 2003 at 10.15 am, and Mr Gao must be in a position to argue his appeal and application, should he fail to secure an adjournment of the appeal and the application for leave to appeal.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender.

Associate:

Dated:            24 April 2003

The notice of motion was dealt with ex parte, on the papers
Date of Hearing:	24 April 2003