Pineview Property Holdings Pty Ltd v Dimitriou [2019] FCA 1342

FEDERAL COURT OF AUSTRALIA

Pineview Property Holdings Pty Ltd v Dimitriou [2019] FCA 1342 File number: NSD 1245 of 2018

Judge: WIGNEY J

Date of judgment: 12 August 2019

Catchwords: PRACTICE AND PROCEDURE – application for adjournment of hearing of creditor's petition – application for extension of time to file evidence in opposition to creditor's petition – where applicant had applied for and been granted numerous pervious adjournments – where debtor had changed legal representation on multiple occasions – where "guillotine" order previously made in relation to the filing of evidence in relation to opposition of creditor's petition – where debtor submitted that a refusal of the adjournment would be prejudicial to him

Cases cited: Culleton v Balwyn Nominees Pty Limited, [2017] FCAFC 8 Re Sarina, Council of the Shire of Wollondilly [1980] FCA 66; 43 FLR 1

Date of hearing: 12 August 2019

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 32

Counsel for the Applicant: Mr J Lee

Solicitor for the Applicant: Kekatos Lawyers

Counsel for the Respondent: Mr H W Somerville

Solicitor for the Respondent: TPS&Co Lawyers

ORDERS NSD 1245 of 2018

BETWEEN: PINEVIEW PROPERTY HOLDINGS PTY LTD ACN 155 051 157 Applicant

AND: GEORGE DIMITRIOU Respondent

JUDGE: WIGNEY J DATE OF ORDER: 12 AUGUST 2019

THE COURT ORDERS THAT:

1. The respondent's application for an extension of time to file evidence and for an adjournment of the hearing listed at 10.15am on 21 August 2019 be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.