FEDERAL COURT OF AUSTRALIA
Warner v Wong, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liq) (No 3) [2015] FCA 365
IN THE FEDERAL COURT OF AUSTRALIA | |
IN THE MATTER OF BELLPAC PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The third defendant’s application for the proceedings to be adjourned be refused.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 1063 of 2012 |
IN THE MATTER OF BELLPAC PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017
BETWEEN: | ANTHONY JOHN WARNER AND STEVEN KUGEL IN THEIR CAPACITIES AS JOINT AND SEVERAL LIQUIDATORS OF BELLPAC PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017 First Plaintiff BELLPAC PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017 Second Plaintiff |
AND: | ALFRED WONG Third Defendant SHAN PEI INVESTMENT LIMITED Fifth Defendant GOOD TEAM INVESTMENTS LIMITED Sixth Defendant GREAT INVESTMENTS LIMITED Seventh Defendant OSMOND TZE LEUNG KWOK Eighth Defendant HONG XU Ninth Defendant ZHI HONG Tenth Defendant CHIAH CHEANG LEE Eleventh Defendant GUJARAT NRE COKING COAL LIMITED (FORMERLY KNOWN AS GUJARAT NRE MINERALS LIMITED) Twelfth Defendant |
JUDGE: | GRIFFITHS J |
DATE: | 9 MARCH 2015 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
(Revised from the Transcript of Proceedings dated 9 March 2015)
1 The Court has before it a request by the third defendant in the proceedings, Mr Alfred Wong, to adjourn the hearing.
2 The matter was listed for hearing on 7 October 2014 for five days commencing today. Directions were also made some time ago for the defendants to file defences. Mr Wong filed his defence electronically last Friday, 6 March 2015.
3 Mr Wong sent an email to my Associate on Saturday at 3.34 pm. Mr Wong is representing himself in the proceedings. In that email Mr Wong made reference to the defence which he said would be filed with the Court today. As I have already indicated, it was in fact attempted to be filed at least electronically last Friday.
4 Mr Wong then said in his email:
Please inform his Honour that, regrettably, I will not be able to attend the hearing commencing next Monday. Although I had every intention to attend in person at the hearing to defend my case, due to urgent circumstances I must fly to China today. I would like to apply to his Honour to adjourn the matter to another date suitable to his Honour and all parties so that I can defend my case properly.
5 Mr Wong has not filed any affidavit in support of his request for the proceeding to be adjourned, nor has he offered any explanation in his email as to what was the nature of the urgent circumstances which required him to fly to China last Saturday. Nor has he indicated when he would be available to participate in any future hearing of the matter.
6 In all the circumstances, and having regard to the fact that Mr Wong was on notice since at least last October of the fact that his five-day hearing would commence today, his request for the proceeding to be adjourned is refused.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Griffiths. |
Associate:
Dated: 21 April 2015
