Karson v Esanda Finance Corporation Ltd
[2004] FMCA 1008
•14 December 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KARSON v ESANDA FINANCE CORPORATION LTD | [2004] FMCA 1008 |
| BANKRUPTCY – Application for adjournment – where letter fails to satisfy the court. |
| Applicant: | MANUAL KARSON |
| Respondent: | ESANDA FINANCE CORPORATION LIMITED ACN 004 346 043 |
| File No: | SYG 3426 of 2004 |
| Delivered on: | 14 December 2004 |
| Delivered at: | Sydney |
| Hearing date: | 14 December 2004 |
| Judgment of: | Raphael FM |
REPRESENTATION
| Solicitors for the Applicant: | Konstan Lawyers |
| Counsel for the Respondent: | Mr M Cohen |
| Solicitors for the Respondent: | Blake Dawson Waldron |
ORDERS
Leave granted to withdraw application.
Applicant to pay the respondent’s costs.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3426 of 2004
| MANUAL KARSON |
Applicant
And
| ESANDA FINANCE CORPORATION LIMITED (ACN 004 346 043) |
Respondent
REASONS FOR JUDGMENT
I have considered the correspondence forwarded to my associate including a confidential letter sent to “To Whom It May Concern” in the following form:
“This is to certify that Manni Karson (d.o.b. 12 June 1967) has been admitted to South Pacific Private Hospital for a rehabilitation program. Mr Karson was admitted on 24 November 2004 and is due for discharge on 25 December 2004.”
and it is signed by Mr Quan the Clinical Director. Regrettably this document does not give me very much insight into Mr Karson's medical condition nor does it say that he is unable to attend at court or provide instructions to solicitors.
In those circumstances I am not satisfied that it is a matter which would persuade me to adjourn these proceedings until 2005 as requested by his solicitors.
The applicant has now sought leave to withdraw the application. That leave is granted. The applicant must pay the respondent's costs.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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