PALIGOROV v COHEN and Co

[2006] FMCA 1002

FEDERAL MAGISTRATES COURT OF AUSTRALIA

PALIGOROV v COHEN & CO [2006] FMCA 1002

PRACTICE & PROCEDURE – Refusal of adjournment for convenience of counsel where matter specially fixed.

Applicant: BILL PALIGOROV

Respondent: LEONARD COHEN & CO

File Number: SYG571 of 2005

Judgment of: Raphael FM

Hearing date: 8 March 2006

Date of Last Submission: 8 March 2006

Delivered at: Sydney

Delivered on: 8 March 2006

REPRESENTATION

Counsel for the Applicant: Mr J Johnson

Solicitors for the Applicant: Dennis & Co

Solicitors for the Respondent: Stewart Forbes

ORDERS

1. Application for adjournment declined.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG571 of 2005

BILL PALIGOROV

Applicant

And

LEONARD COHEN & CO

Respondent

REASONS FOR JUDGMENT

1. These proceedings have come before me for the hearing of a bankruptcy petition originally presented on 16 December 2005.  On 6 February 2006, Registrar Jan in the Federal Magistrates Court in Perth, made orders in relation to the disposal of the matter including that the matter be listed for hearing before a Federal Magistrate on a date and time to be fixed.  After inquiries of the parties as to convenient dates, today's date was fixed on 16 February 2006.  Mr Johnson appears this morning on behalf of the applicant and asked for an adjournment so that a Mr Gracie of counsel can appear.  Mr Johnson tells me that Mr Gracie is familiar with the matter and he is not.  Mr Forbes objects to any further adjournment of the matter and I am inclined to agree with him.

2. If there is any problem about Mr Gracie's appearance then that should have been expressed at the time the date was fixed.  The respondent has had some weeks in which to arrange for appropriate representation.  This matter has been long delayed and it is best that it should now be heard.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date: