"16 CATCHWORDS Bankruptcy - bankruptcy notice - application for extension of time with requirements ~- exercise of discretion. RE: ROSS STUDWELL EX PARTE: AUSTRALIAN FIBREGLASS PTY. LTD. No. B5300 of 1979 LOCKHART J. 27 MAY 1980 IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE as No. B 5300 of 1979 OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY RE: ROSS STUDWELL EX PARTE: AUSTRALIAN FIBREGLASS PTY. LIMITED REASONS FOR JUDGMENT MN < 1980 LOCKHART J. This is an application by Ross Studwell ("the applicant") for an order that time for compliance with bankruptcy notice No. B5300 of 1979 be extended for such time as may be necessary for the completion of proceedings to set aside the judgment on which the bankruptcy notice is based. Judgment was obtained by Australian Fabreglass Pty. Lamited ("the respondent") against the applicant in the Supreme Court of New South Wales on 30 July 1979 1n the sum of $44,000.00. In the proceedings in the Supreme Court of New South Wales the respondent claimed that the applicant and others, including one Kevin Alan Studwell, in consideration of the respondent extending credit to Studwell Pty. Limited ("the company"), agreed in writing on 13 September 1977 that in the event of the non-payment of certain bills of exchange on the due dates by the company, they would furnish to the respondent bank cheques for the amounts referred to in each 22/2 cy " ed The assertion by the applicant that he was not served personally with the statement of claim provides no reason for the success of this application. As in the case of Kevin Alan Studwell, application was made by the applicant for leave to amend the application to seek the same relief as was sought in the case of Kevin Alan Studwell. Its fate 1s the same. I make the following orders:- 1. I refuse to grant leave to the applicant to amend the application by seeking orders that bankruptcy notice B5300 of 1979 be set aside an the exercise of the court's inherent jurisdiction; 2. I dismiss the application of 19 October 19793 3. I terminate the order previously made extending time for compliance with the requirements of the bankruptcy notice until further order; 4. I release the applicant from his undertaking Us YES ¢ to the Court by his counsel that he would not, until G the determination of the application or further order, - V4 " Lies vst bere.n cr tus Honcur Asso. (fe dispose of, deal with, mortgage, pledge or encumber / Ts any of his assets otherwise than in the ordinary course rears aa "- o Pay t. & Cc ia) i ~ a Qo tS iP] of business or for the purpose of meeting ordinary 1 Anas Orenere yy living expenses or legal costs; 5. I order the applicant to pay the respondent's Mr. Justice Loct hart Reasons fc- costs of the applications before the Court tucluding reserved costs,