This is the last Insolvency Update for 2011 before we take a break over Christmas and recommence again in February next year. The Lavan Legal Recovery, Insolvency and Reconstruction team wishes you and your family a wonderful festive season.
For those of you who believe you have dealt with some ‘big’ matters this year, particularly those insolvency practitioners who complain about the volume of books and records they are required to retain on appointments, spare a thought for Kentucky Circuit Judge Martin Sheehan who delivered the following orders in July this year (the following text are his actual orders) ….
ORDER
The herein matter having been scheduled for a trial by jury commencing July 13, 2011, and numerous pre-trial motions having yet to be decided and remaining under submission;
And the parties having informed the Court that the herein matter has been settled amicably¹ and that there is no need for a Court ruling on the remaining motions and also that there is no need for a trial;
And such news of an amicable settlement having made this Court happier than a tick on a fat dog because it is otherwise busier that a one legged cat in a sand box and, quite frankly, would have rather jumped naked off a twelve foot step ladder into a five gallon bucket of porcupines than have presided over a two week trial of the herein dispute, a trial which, no doubt, would have made the jury more confused than a hungry baby in a topless bar and made the parties and their attorneys madder than mosquitoes in a mannequin factory;
IT IS THEREFORE ORDERED AND ADJUDGED by the Court as follows:
- The jury trial scheduled herein for July 13, 2011 is hereby CANCELLED.
- Any and all pending motions will remain under submission pending the filing of an Agreed Judgment, Agreed Entry of Dismissal, or other pleadings consistent with the parties’ settlement.
- The copies of various correspondence submitted for in camera review by the Defendant shall be sealed by the Clerk until further orders of the Court.
- The Clerk shall engage the services of a structural engineer to ascertain if the return of this file to the Clerk’s office will exceed the maximum structural load of the floors of said office.
¹ The Court uses the word “amicably” loosely.
Have a great Christmas.
For more information, please contact:
Alison Robertson
Partner
(08) 9288 6872
alison.robertson@lavanlegal.com.au
