Jones v Official Receiver and Anor (No.6)

[2017] FCCA 2171

FEDERAL CIRCUIT COURT OF AUSTRALIA

JONES v OFFICIAL RECEIVER & ANOR (No.6) [2017] FCCA 2171

Catchwords:
BANKRUPTCY – Interlocutory application – cross-claim in substantive proceedings – application for adjournment – no reasonable explanation for failure to appear by the applicant either in person, or by telephone – application dismissed.

PRACTICE & PROCEDURE: – Informal application for adjournment by way of letter dated 3 May 2017 addressed to the Court – unrepresented applicant – application heard.

Legislation:

Bankruptcy Act 1966 (Cth)

Applicant: RICHARD JONES

First Respondent: OFFICIAL RECEIVER

Second Respondents: JASON PORTER
PAUL GERARD WESTON

Cross Applicant: PAUL GERARD WESTON

First Cross Respondent: RICHARD JONES

Second Cross Respondent: SUZANNE LEA HOMBSCH

Third Cross Respondent: CREST AUSTRALIA PTY LTD ATF MY PREROGATIVE SUPER FUND

Fourth Cross Respondent: REGISTRAR GENERAL OF NEW SOUTH WALES

File Number: SYG 2492 of 2014

Judgment of: Judge Smith

Hearing date: 9 May 2017

Date of Last Submission: 9 May 2017

Delivered at: Sydney

Delivered on: 9 May 2017

REPRESENTATION

No appearance by or for the applicant.

Counsel for the Respondent: Mr A. Spencer

Solicitors for the Respondent: Bamford Lawyers

ORDERS

1. The applicant’s application for adjournment of the hearing of the cross-application be dismissed.

2. The applicant pay the first respondent’s costs of the application.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2492 of 2014

RICHARD JONES

Applicant

And

OFFICIAL RECEIVER

First Respondent

JASON PORTER AND PAUL GERARD WESTON

Second Respondents

PAUL GERARD WESTON

Cross Applicant

RICHARD JONES

First Cross Respondent

SUZANNE LEA HOMBSCH

Second Cross Respondent

CREST AUSTRALIA PTY LTD ATF MY PREROGATIVE SUPER FUND

Third Cross Respondent

REGISTRAR GENERAL OF NEW SOUTH WALES

Fourth Cross Respondent

REASONS FOR JUDGMENT

(Delivered Extempore and Revised)

1. The second application today is the adjournment application.   

2. In Mr Jones’s letter dated 3 May 2017, addressed to the Court, he sought an adjournment of the hearing today. 

3. Mr Jones relies upon the same evidence and arguments that he raised in respect of his application to set aside the orders made on 12 April 2017. 

4. I reject his application for adjournment as I find that there is no reasonable basis for his failure to appear either in person or, perhaps more importantly, by telephone. 

Conclusion

1. I refuse the application.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Smith

Associate: 

Date:  11 September 2017