Court of Appeal dismisses appeal and upholds decision of the High Court sanctioning the sale of the appellant's family home by the Official Assignee in Bankruptcy, on the grounds that: (a) it was entirely within the discretion of the trial judge to refuse the appellant a second adjournment of the application; (b) it was not open to the second appellant to defend the application on the basis that she ought not to have been adjudicated a bankrupt by reason of an alleged flaw in the judgement granted against her in circumstances where she had not appealed the order giving judgement within the time allowed; (c) the trial judge had regard to the relevant factors in the case in exercising her discretion to postpone the sale of the family home for six months; and (d) there was no basis for the court to interfere with the exercise of the trial judge's discretion.
Costello J (nem diss): Bankruptcy - appeal of a decision sanctioning the sale of the appellant's family home - High Court postponed the sale of the family home for a period of 6 months - whether the trial judge erred in exercising her discretion in refusing the appellant's application for an adjournment - whether it was open to the appellant to defend the present application on the basis that she ought not to have been adjudicated a bankrupt by reason of an alleged flaw in the judgement given against her in 2012 - order for judgement had been granted on consent - appellant had not appealed within the allowed timeframe - court had refused application to extend the time to appeal - whether the trial judge erred in exercising her discretion in favour of sanctioning the sale of the family home - appeal dismissed.