Medovarski v Rickards
[2008] FMCA 1531
•10 November 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MEDOVARSKI v RICKARDS | [2008] FMCA 1531 |
| BANKRUPTCY – Application to review decision of registrar refusing to set aside a bankruptcy notice – application for an adjournment – adjournment refused. |
| Applicant: | ZLATKO MEDOVARSKI |
| Respondent: | MICHAEL RICKARDS |
| File Number: | MLG 1113 of 2008 |
| Judgment of: | Riley FM |
| Hearing date: | 10 November 2008 |
| Date of Last Submission: | 10 November 2008 |
| Delivered at: | Melbourne |
| Delivered on: | 10 November 2008 |
REPRESENTATION
| Counsel for the Applicant: | In person |
| Counsel for the Respondent: | Mr O.N. Scoullar-Grieg |
| Solicitors for the Respondent: | Rickards Legal |
ORDERS
The applicant’s application for an adjournment is refused.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 1113 of 2008
| ZLATKO MEDOVARSKI |
Applicant
And
| MICHAEL RICKARDS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
The applicant has brought an application for review of a decision of the Registrar made on 29 September 2008. By that decision the Registrar dismissed an application seeking to set aside a bankruptcy notice that had been served on the applicant.
The application for review was listed for hearing before the court today. The applicant now seeks an adjournment of his application so that he can get legal assistance. He told the court that he has tried strenuously to get publicly funded legal assistance but he has been unsuccessful. He also said that he has made inquiries of Slater and Gordon to try and gain some assistance through private solicitors.
The applicant said that Slater and Gordon are still considering the matter. He said that Slater and Gordon would let him know “in due course”. Slater and Gordon have not appeared to assist the applicant today. They have not provided a letter saying that they are in the process of considering whether they can assist him.
There is also material before the court filed by the applicant himself which says that he is in difficult financial circumstances. He is a pensioner and he has health problems. He indicated that he has little financial means to be able to fund legal assistance.
In all the circumstances, I do not consider that the applicant has any realistic possibility of obtaining legal assistance. Accordingly, I do not consider that it is appropriate to adjourn this proceeding for the purpose of the applicant obtaining legal assistance.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Riley FM
Associate: Alexandra Sidoti
Date: 15 November 2008
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