Billinghurst, William McMinn v Australia and New Zealand Banking Group Ltd [1979] FCA 157

Vie. Nos

ie) 1 BREE COU OF Wem TAY supewent No, LOT. it

"aoa BIST RiE SAGISRY V.G, No. 1 of 1979

BETWEEN:

WILLIAM MoMINN BT BIT LINGHURS? Applicant ~and~ AUST AuSeEALEA AND NEW ZEALAND , BANKIN NG CRON ue 2 JTMETED Respondent " moe . eve nee . i KEASONS FOR JUDGMERT 6 February 1979 a - SMITHERS J,

I do not propose to grant either of the two appliqutions

which are befure me. Ordinarily the court is willing to

extend the time in « uatter of this kind but it does require te be satisfied that the expivetion of the: time which is now

causing Mr, Billinghurat his difficulty was due to seme

oversight or difficulty ana that it would be fair and reasonable

to oxtend the time, of course whether it is fair or | res sonable vo oxtead the tine 'p]so depends upon the nature

of abe case vaich ie desired ta be put An eppeal,

la this case I ex not satisfied ebowt any of the matter.

which have besa put lo me by fi. Bidiinghurst end there is

the very important factor that none of them relate to a matter of substance. He concedes that the debt of the * petitioning creditor wes substantially as alleged and. that there are many other debts ruming into quite a

substantial sum of money.

His three grounds are first, the question of the service of the petition. That does not go to a matter of substance. The second natter is that there was undue liberality on the part of the primary. Judge in granting amendmnents to the petition. In the absence of some steps ; . . taken by the applicant at the trial to seek further time to deal with matters arising out of the amendments that does "not seem to me to be a matter of substance, The third

matter is that there was some error 'on the part of the court

dn limiting the evidence desired to be lead by Mr. Billinghurst.

'That ceases to be a matter of substance in view of the

concessions which were made by Mr. Billinghurst.