Re Faulkner, Sylvia Margaret Ex parte The Official Receiver [1981] FCA 3

"5...

CATCHWORDS

Bankruptcy - application by Official Receiver to elect to proceed with action in High Court commenced by bankrupt prior to her bankruptcy - whether time for making of such election can be extended - whether Official Receiver had abandoned the action ~

factors to be considered when exercising discretion to extend time

Bankruptcy Act 1966 (Cth.) ss. 33 (1) (c), 60.

RE: SYLVIA MARGARET FAULKNER EX PARTE: THE OFFICIAL RECEIVER Trustee of the bankrupt estate of Sylvia Margaret Faulkner

No. 190 of 1978 LOCKHART J.

AT SYDNEY

FRIDAY 6 FEBRUARY 1981

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT IN THE STATE OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE:

EX PARTE:

ORDERS JUDGE MAKING ORDERS: WHERE MADE: DATE OF ORDERS:

THE COURT ORDERS THAT:

No. 190 of 197g

ee ee ew

SYLVIA MARGARET FAULKNER

THE OFFICIAL RECEIVER Trustee of the bankrupt estate of Sylvia Margaret Faulkner

LOCKHART J. AT SYDNEY

FRIDAY, 6 FEBRUARY 1981

1. The time for the Official Receiver as trustee of the

bankrupt estate of Sylvia Margaret Faulkner to make

an election in writing to prosecute or discontinue action

No. 52 of 1974 in the High Court of Australia be extended

up to and including 27 February 1981.

2. No order be made as to costs.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT IN THE STATE OF

No. 190 of 1978 NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: SYLVIA MARGARET FAULKNER

EX PARTE: THE OFFICIAL RECEIVER Trustee of the bankrupt estate of Sylvia Margaret - Faulkner

REASONS FOR JUDGMENT LOCKHART J.AT SYDNEY

The Official Receiver, as trustee of the estate of Sylvia Margaret Faulkner ("the bankrupt"), seeks an extension of time limited by s. 60 (3) of the Bankruptcy Act 1966 ("the Act") to make an election to prosecute or discontinue an action in the original jurisdiction of the High Court of Australia ("the High Court action").