Federal Court of Australia
a uot} SS
CATCHWORDS
BANKRUPTCY - the debtor's notice pursuant to s.41(5)
of the Bankruptcy Act not given within the time specified ~ an application to extend the time for giving the debtor's notice made pursuant to s.41(6A) of the Act - applications
dismissed,
Bankruptcy Act 1966, as amended, (Cwlth) ss. 41(5) and (6A)
Streimer v. Tamas (1981) 37 A.L.R. 211 applied
Re: GRAHAM CAIRNS; ex parte THE ABOVENAMED AND CHUBB'S PANEL AND PAINT SERVICE
No. 329 of 1983
FITZGERALD J.
BRISBANE
26 MAY 1983
lit nt land oh tlt Sena ee
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE SOUTHERN
GENERAL DIVISION No. 329 of 1983
DISTRICT OF THE STATE OF QUEENSLAND
Re: GRAHAM CAIRNS
Ex parte: THE ABOVENAMED AND CHUBB'S PANEL AND PAINT SERVICE
ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 26 MAY 1983 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The debtor's applications are dismissed. 2. The debtor must pay the creditor's taxed
costs of these proceedings.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THR SOUTHERN
DISTRICT OF THE STATE OF QUEENSLAND
No. 329 of 1983
Res GRAHAM CAIRNS
Ex parte: THE ABOVENAMED AND CHUBB'S PANEL AND PAINT SERVICE
FITZGERALD J. 26 MAY 1983
REASONS FOR JUDGMENT
On 26 October 1982, the Stipendiary Magistrate at Kingaroy gave judgment in favour of Chubb's Panel and Paint Service (the Creditor) against Graham Cairns {the debtor). The concluding words of the judgment
detivered were -
"I give judgment for the Plaintiff for:-
Claim - 976.46 Costs of Plaint and Summons - 109.45 Professional Costs
(Preparing for Trial - 193
Counsel on hearing ~ 184
Solr. on hearing) ~- 162 539.00 Witness expenses 1 @ $26 26.00
TOTAL $1650.91 "
A letter dated 28 October 1982 was forwarded by
the Registrar of the Magistrates Court at Kingaroy
in the following terms:
"Re:- Kingaroy Magistrates Court Plaint 28/1982 Chubs Panel & Pain Service -v- Graham Cairns i
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