Re; John William Cavanagh Ex Parte WEA Records Pty Ltd [1984] FCA 410

4 10 CATCHWORDS °

BANKRUPTCY - Petition - Lapse of petition upon expiration of 12

months from date of filing - Extension of time - Power of Court

to extend time after the petition has lapsed.

Bankruptcy Act 1966 ss.33, 52

PE JOHN WILLIAM CAVANAGH EX PARTE WEA RECORDS PTY LID T/as WARNER HOME VIDEO

P.1526 OF 19283

WILCOX J 14 OECEMBER 1984 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

'oO [pa] OS

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. P.1526 of 1 ) GENERAL DIVISTON )

JOHN WILLIAM CAYANAGH

Debtor

EX PAPTE: WEA RECOPDS PTY LTD Tyas WAPNER HOME VIDEO

Creditor

OPDEPS COPAM WILCOX J DATE 14 DECEMBER 1984 PLACE SYDNEY THE COURT ORDERS THAT l. The period at the expiration cf which the petition w111 lapse be extended to 6 November 1985. 2. A sequestration order be made. 3. The costs of the petitioning creditor. including all

reserved costs, be paid out of the estate of the debtor. 4. The petitioning creditor. pursuant to ¢.1L2d(2) deliver

to the Reqistrar within seven (7) days of this dav a draft order.

IN THE FEDERAL COURT OF AUSTRALIA

) ' NEW SOUTH WALES DISTRICT REGISTRY ) No. P.1526 of 19823 ' GENERAL DIVISION )

PE: TOHN WILLIAM CAVANAGH

Debtor

EX PARTE: WEA RECOPDS PTY LTD Tas WARNER HOME _VTDEO

Creditor

REASONS FOR JUDGMENT

CORAM WILCOX J DATE 14 DECEMBER 1984 PLACE SYDNEY

The Bankruptcy Petition in this matter vas filed on 7 November 1983. There were delavs in effecting service. By a Motice of Opposition filed on 18 June 1984 the debtor indicated that he proposed to oppose the makina of a sequestration order. The grounds of opposition included a number of disputed contentions of fact. The debtor resides in Western Australia and, under those circumstances and on 27 August 1334, the Deputy Reqistrar decided that the most appropriate course would be for a special fixture to be arranged and stood the matter over toa date to be fixed. Subsequently the petition was fixed for