Re Laybutt, R.J. & anor Ex parte Robinson, G. & anor [1985] FCA 355

CATCHWORDS

Bankruptcy - Application for extension of bankruptcy notice - Section 41(7) - Insufficiency of affidavit - Occurrence of an act

of bankruptcy.

Bankruptcy Act 1966, s.40(1)(9g), s.41(6A), 5.41(7). " 2,

RE: ROBERT JOHN LAYBUTT AND IRENA LAYBUTT

EX PARTE: GEORGE ROBINSON AND PATRICIA LOUISE ROBINSON

No. B 2152 of 1985

Burchett J. 17 July 1985

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) ) BANKRUPTCY DISTRICT OF NEW SOUTH WALES ) No. B 2152 of 1985 } )

AND THE AUSTRALIAN CAPITAL TERRITORY

RE: ROBERT JOHN LAYBUTT and IRENE LAYBUTT EX PARTE:

GEORGE ROBINSON and PATRICIA LOUISE ROBINSON

MINUTE OF ORDER

Judge Making Order: Burchett J.

Date Order made: 17 July 1985

Where made: Sydney

THE COURT ORDERED THAT:

1)

2)

The application for further extension of time to comply with the bankruptcy notice was refused.

An order was made providing for the costs of the creditor in the alternative events of a petition based upon non-compliance with the bankruptcy notice leading to a

sequestration order within six months, and this not occurring.

NOTE: settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALTA } )

BANKRUPTCY DISTRICT OF NEW SOUTH WALES ) No. B 2152 of 1985 } )

AND THE AUSTRALIAN CAPITAL TERRITORY

RB: ROBERT JOHN LAYBUIT and TRENA LAYBUTT EX PARTE: GEORGE ROBINSON

and PATRICIA LOUISE ROBINSON

EX TEMPORE JUDGMENT

BURCHETT J.

As the matter is urgent, I will give my decision now. This is an application to extend time for compliance with a bankruptcy notice, pending appeal against a judgment of Beaumont J. determining that he was not satisfied, pursuant to s. 40(1)(g) and s.41(7) of the Bankruptcy Act, that the debtors had a counter