Federal Court of Australia
mM.
CATCHWORDS
Bankruptcy ~ Extension of time for compliance with Bankruptcy Notice - where time originally fixed and previous granted extension of time expired - Bankruptcy Act, 1966, s.41(6A)
considered - express conditions precedent to jurisdiction to
extend time.
Bankruptcy Act, 1966, s.41(6A), (6C)
Bettina Streimer v. Janos Istvan Tamas
No. G42 of 1981
Coram: Deane, Sheppard and Ellicott JJ.
Sydney
Friday 21 August, 1981
IN THE FEDERAL COURT OF AUSTRALIA
'
) ) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G42 of 1981 ) )
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BETTINA STREIMER
Appellant (Judgment Creditor)
AND: JANOS ISTVAN TAMAS
Respondent (Judgment Debtor)
ORDER JUDGES MAKING ORDER: Deane, Sheppard and Ellicott Jd DATE OF ORDER: Friday 21 August, 1981 WHERE MADE: Sydney
THE COURT ORDERS:
1. THAT the appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G42 of 1981
) GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGF OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BETTINA STREIMER
Appellant (Judgment Creditor)
AND: JANOS ISTVAN TAMAS
Respondent (Judgment Debtor)
CORAM: Teane, Sheppard and Ellicott JJ.
Friday 21 August, 1981
REASONS FOR JUDGMENT
DEANE AND FLLICOTT JJ: On 26 November, 1981, a
bankruptcy notice directed to the respondent issued at the request of the appellant. The notice was a fourteen day notice and was served upon the respondent on 2 December, 1980. It was based on a judgment in the amount of $12,905.70 which the appellant had, on 17 October, 1980, obtained
against the respondent in the New South Wales District Court.
On 13 November, 1980, a MNotice of Appeal against that District Court judgment had been filed on behalf of the
respondent. BR copy of that Notice of Appeal had not been
served upon the appellant who was, at the time she caused the issue of the bankruptcy notice, unaware that the appeal had
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