FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ROBERTSON HOMES (QLD) PTY LTD v TWIVEY | [2011] FMCA 69 |
| BANKRUPTCY – Bankruptcy notice – extension of time – adjournment – abridgment – amendment of process – validity – overstatement of amount. |
| Bankruptcy Act 1966 (Cth), ss.33(1), 33(1)(c), 41, 41(5), 41(6), 41(6A), 52(2) |
| Applicant: | ROBERTSON HOMES (QLD) PTY LTD (ACN 070 034 874) |
| Respondent: | ROBERT JOHN TWIVEY |
| File Number: | BRG 953 of 2010 |
| Judgment of: | Burnett FM |
| Hearing date: | 15 December 2010 |
| Delivered at: | Brisbane |
| Delivered on: | 10 February 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr Frigo |
| Solicitors for the Applicant: | Woods Hatcher |
| Counsel for the Respondent: | Mr Wilson |
| Solicitors for the Respondent: | Dillon Legal |
ORDERS
Application dismissed.
That subject to any other application being made within seven days of the date of this order, the applicant pay the respondent’s costs of and incidental to the application to be assessed on the…
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- Case
- [2011] FMCA 69
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the applicant had established the necessary grounds for an injunction and whether the applicant's claim for damages was premature. The court considered the principles of equity and the need for a balance between the rights of the parties in deciding whether to grant the injunction. The court also examined the nature of the breach and the remedies available under the contract in assessing the applicant's claim for damages.
The court found that the applicant had not established the necessary grounds for an injunction as it had not demonstrated that it would suffer irreparable harm if the injunction was not granted. The court also found that the applicant's claim for damages was premature as there was no final determination of the respondent's liability under the contract. The court dismissed the application and ordered that the applicant pay the respondent's costs of and incidental to the application.
Orders
Orders of the court
1.
Application dismissed.
2.
That subject to any other application being made within seven days of the date of this order, the applicant pay the respondent’s costs of and incidental to the application to be assessed on the standard basis.
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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