Federal Court of Australia
ft ey
CATCHWORDS
BANKRUPTCY bankruptcy notice - application for extension of
time for compliance with requirements of bankruptcy notice - applicant having f1rled with Registrar an application to set aside notice - Act expressly conferring power to extend time; but not to set aside the notice itself - ub1 aliquid conceditur, conceditur etiam et id sine quo res ipsa non esse potest — inherent jurisdiction to set aside bankruptcy notice - relation between paras. 41 (6A) (a) and (b) - exercise of discretion to grant extension of time.
Bankruptcy Act 1966 (cth.) ss. 30, 33, 41 (6A), (6B) and (6C)
Bankruptcy Amendment Act 1980 (Cth. )
RE: ROBERT STERLING EX PARTE: ESANDA LIMITED RE: SUSAN STERLING EX PARTE: ESANDA LIMITED NO. B 1140 OF 1980
LOCKHART J.
AT SYDNEY
MONDAY 2 JUNE 1980
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF ) No. B1140 of 1980 NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY
RE: ROBERT STERLING also known as EMOD TARISZNYAS
EX PARTE: ESANDA LIMITED
RE: SUSAN STERLING also known as SUSAN BARBARA STERLING also known as
SUSAN TARISZNYAS
EX PARTE: ESANDA LIMITED
ORDER JUDSE MAKING ORDER: LOCKHART J. WHERE MADE: AT SYDNEY DATE OF ORDER: MONDAY 2 JUNE 1980
THE COURT ORDERS THAT:
1. Time for compliance with the requirements of bankruptcy notice No. B 1140 of 1980 be extended until further order.
2. Liberty be reserved to any party to apply for relisting of the applications on a day which will permit the giving of seven (7) day's notice to other parties.
3. The applications to set aside the bankruptcy notice be adjourned generally, with liberty being reserved to any party to apply for relisting of the applicationson a day which will permit the giving of seven (7) day's notice to the other parties.
4. Costs of all parties are reserved.
IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate