Purple Sunset Holdings Pty Ltd v Jones, in the matter of Cattana
[2025] FCA 659
•12 June 2025
FEDERAL COURT OF AUSTRALIA
Purple Sunset Holdings Pty Ltd v Jones, in the matter of Cattana [2025] FCA 659
File number(s): NSD 65 of 2025 Judgment of: JACKMAN J Date of judgment: 12 June 2025 Date of publication of reasons: 18 June 2025 Catchwords: PRACTICE AND PROCEDURE – adjournment application – where ample time given to enable second respondent to prepare case, obtain legal advice and file evidence – application refused Division: General Division Registry: New South Wales National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Number of paragraphs: 6 Date of hearing: 12 June 2025 Counsel for Applicants: Mr F Salama with Mr J Douglas Solicitors for Applicants: DME Legal Solicitors for First Respondent: Mr P Hunt of Hunts.Law Aus Counsel for Second Respondent: The Second Respondent appeared in person
ORDERS
NSD 65 of 2025 IN THE MATTER OF JONATHAN FRANCO CATTANA
BETWEEN: PURPLE SUNSET HOLDINGS PTY LTD
ACN 609 659 565 ATF THE DIANA SUPER FUND OF UNITFirst Applicant
CHALTON INVESTMENTS PTY LTD
ACN 606 470 106 ATF THE CHALLITA FAMILY SUPERANNUATION FUNDSecond Applicant
AND: MICHAEL GREGORY JONES (IN HIS CAPACITY AS CONTROLLING TRUSTEE OF JONATHAN FRANCO CATTANA)
First Respondent
JONATHAN FRANCO CATTANA
Second Respondent
6 JANITA PTY LTD
ACN 653 486 170 (and others named in the Schedule)Third Respondent
ORDER MADE BY:
JACKMAN J
DATE OF ORDER:
12 JUNE 2025
THE COURT ORDERS THAT:
1.The second respondent’s application for adjournment be refused with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
Delivered ex tempore, revised from transcriptJACKMAN J:
Mr Cattana, the second respondent, has applied this morning, being the day fixed for the hearing, for an adjournment of the hearing of the matter. The reason put forward by Mr Cattana for seeking the adjournment is to enable him, as an unrepresented litigant, to have a proper and adequate opportunity to prepare his case, obtain legal advice and file evidence in response to the application.
On 10 February 2025, I made orders preparing the matter for hearing and fixed the hearing for 12 June 2025 with an estimate of two days. Mr Hunt appeared for the first respondent and was asked to mention the appearance of the second respondent if Mr Cattana was not online, which appeared to be the case. On 7 April 2025, I made further orders extending the time for steps to be taken for the hearing, and I confirmed the hearing on 12 June 2025. On that occasion, a solicitor, Mr Panetta, appeared for Mr Cattana.
On 22 May 2025, Mr Cattana's solicitor, Mr Panetta, gave him a notice of intention to cease to act. On 30 May 2025, after the seven day period expired, Mr Panetta completed a notice of ceasing to act, giving Mr Cattana's last known address and email address.
In my view, Mr Cattana has already had ample time to enable him to prepare his case, obtain legal advice and file evidence in response to the application.
The applicants submit that substantial costs have been incurred in preparation for today's hearing. Mr Cattana has indicated that he would consent to an order that he pay the applicants’ and the first respondent's reasonable costs thrown away by reason of the adjournment which he seeks. However, if the applicants succeed in the hearing and a sequestration order is made, then their entitlement to costs will be one limited to proving in Mr Cattana's bankruptcy, which seems very unlikely to yield 100 cents in the dollar. Accordingly, the applicants will suffer irremediable prejudice if I grant the adjournment.
In all the circumstances, I refuse the adjournment with costs.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman. Associate:
Dated: 18 June 2025
SCHEDULE OF PARTIES
NSD 65 of 2025 Respondents
Fourth Respondent:
FORTE LENDING PTY LTD
ACN 610 653 462
Fifth Respondent:
HABIT FINANCIAL PTY LTD
ACN 160 809 012
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