Kyrwood v Drinkwater Summary

FEDERAL COURT OF AUSTRALIA
Kyrwood v Drinkwater [1999] FCA 1516
GEOFFREY KYRWOOD AND TERENCE KYRWOOD v
PETER WESTGARTH DRINKWATER AND
JOHN FRANCIS DRINKWATER
N 8082 OF 1999
TAMBERLIN J
SYDNEY
19 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 8082 OF 1999

BETWEEN:

GEOFFREY KYRWOOD AND
TERENCE KYRWOOD
APPLICANTS

AND:

PETER WESTGARTH DRINKWATER AND
JOHN FRANCIS DRINKWATER
RESPONDENTS

JUDGE:

TAMBERLIN J

DATE:

19 OCTOBER 1999

PLACE:

SYDNEY

REASONS FOR JUDGMENT

In this matter I have heard the submissions made by the parties. There is no dispute between the parties that there was an understanding between them prior to this hearing that the proceedings would not go on this morning and that there would be an adjournment. In these circumstance I think that it is appropriate for this matter to be adjourned for a period of two weeks to enable the judgment debtor to put on any further evidence that it wishes to file in support of the application to set aside the bankruptcy notice.
I will fix a date in the near future for the determination of the question whether the bankruptcy notice ought to be set aside. I reserve costs but I will bring the matter for hearing before me so that there is continuity in the matter.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.
Associate:
Dated: 2 November 1999

Counsel for the Applicant: A McInerney

Solicitor for the Applicant: Wood Roberts

Counsel for the Respondent: M Ashhurst

Solicitor for the Respondent: Hansen Solicitors

Date of Hearing: 19 October 1999

Date of Judgment: 19 October 1999

CaseChat Overview and Summary

The applicants, Geoffrey Kyrwood and Terence Kyrwood, sought to have a bankruptcy notice set aside. The respondents, Peter Westgarth Drinkwater and John Francis Drinkwater, were the judgment debtors. The case was heard in the Federal Court of Australia, New South Wales District Registry. The central issue before the court was whether the bankruptcy notice should be set aside, in light of the understanding between the parties that the proceedings would be adjourned and that further evidence could be filed.

The court acknowledged the mutual understanding between the parties to adjourn the proceedings and allow the respondents to file additional evidence in support of their application to set aside the bankruptcy notice. Given this context, the court decided to adjourn the matter for a period of two weeks. This adjournment aimed to provide the respondents with the opportunity to submit any further evidence in support of their application. The court also reserved the decision on costs and set a future date for determining whether the bankruptcy notice should be set aside.

In summary, the court's decision was to adjourn the proceedings for two weeks to allow the respondents to file additional evidence in support of their application to set aside the bankruptcy notice. The court reserved its decision on costs and set a future date for determining whether the bankruptcy notice should be set aside.

Kyrwood v Drinkwater

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 8082 OF 1999

BETWEEN:	GEOFFREY KYRWOOD AND TERENCE KYRWOOD APPLICANTS
AND:	PETER WESTGARTH DRINKWATER AND JOHN FRANCIS DRINKWATER RESPONDENTS

JUDGE:	TAMBERLIN J
DATE:	19 OCTOBER 1999
PLACE:	SYDNEY

Counsel for the Applicant:	A McInerney
Solicitor for the Applicant:	Wood Roberts
Counsel for the Respondent:	M Ashhurst
Solicitor for the Respondent:	Hansen Solicitors
Date of Hearing:	19 October 1999
Date of Judgment:	19 October 1999