Re: Solomon

Case [1986] FCA 699


IN THE FEDERAL COURT OF AUSTRALIA

1

)

GENERAL DIVISION

) No. P1809 of 1985

)

BANKRUPTCY DISTRICT OF NEW SOUTH WALES

)

1

AND THE AUSTRALIAN CAPITAL TERRITORY

)

RE: EDDIE

SOLOMON

EX PARTE: JOHN RALPH REID

C O W :

Beaumont, J.

DATED:

2 0 March 1986

REASONS FOR JUDGMENT (NO.

2 )

Last Tuesday I reserved further consideration

of this matter until

the solicitor for

the petitioner had

had an opportunity to consider the material raised by the affidavits then filed by Messrs O'Riordan and McIntosh

and the submissions made on behalf

o the Corporate

Affairs Commission and Mr. McIntosh. Having considered

that material,

I think that, in the circumstances,

the appropriate course now to be adopted

is to stand the

petition over for a period

of four weeks

so as to enable

any party to move in the Supreme Court as he or it may

be advised.

It is not appropriate that I now endeavour to

speculate as to the nature of any such application or

as

to its outcome.

2 .

I stand the petition over

to 14 April 1986 at 9.30 a.m.

I reserve liberty to any party to apply on two days'

notice.

I reserve costs.

Details
AGLC
Re: Solomon [1986] FCA 699
Case
[1986] FCA 699
Decision Date

CaseChat Overview and Summary

The Federal Court of Australia heard a case involving Eddie Solomon, where John Ralph Reid was the petitioner. The matter pertains to a bankruptcy petition against Solomon. The court was required to decide on the appropriate procedural course of action following the filing of affidavits and submissions from relevant parties, including Messrs O'Riordan and McIntosh, the Corporate Affairs Commission, and Mr. McIntosh.

The legal issues before the court involved determining how to proceed with the bankruptcy petition, considering the additional material presented by the affidavits and submissions. The court had to balance the interests of all parties involved and decide on a procedural step that would allow for a fair and comprehensive review of the case. The court also needed to consider the implications of any potential application to the Supreme Court.

The court decided to stand the petition over for a period of four weeks, allowing any party to make an application to the Supreme Court if deemed necessary. This decision was made to provide sufficient time for the petitioner's solicitor to consider the new material and for any party to take appropriate legal action. The court emphasised that it was not appropriate to speculate on the nature or outcome of any such application at that time. The petition was set to resume on 14 April 1986, with liberty reserved for any party to apply on two days' notice. The court also reserved its decision on costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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