Re O'Dea, M.G. v. Ex parte Fielding, D.J. & Anor [1985] FCA 509

: ZO' 0S

Bankruptcy - application to set aside bankruptcy notice - whether leave to amend application to seek an order that the time within which the bankrupt comply with the notice should be granted where time for compliance had expired - consideration of provisions in Bankruptcy Act concerning extensions of time - whether proceedings

to set aside judgment bona fide or being prosecuted with due

diligence.

Bankruptcy Act 1966 para.33(1)c) and s.41

RE: MICHAEL GEOFFREY O'DEA - Debtor

EX PARTE: DAVID JAMES FIELDING and JEAN MARGARET FIELDING - Creditors

No. B181 of 1985

TOOHEY J. PERTH 4 OCTOBER 1985

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION No. B181 of 1985 -

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BANKRUPTCY DISTRICT ae

OF THE STATE OF see

WESTERN AUSTRALIA es RE: MICHAEL GEOFFREY O'DEA

Debtor

EX PARTE: DAVID JAMES FIELDING and ° - ~*~ JEAN MARGARET FIELDING

Creditors

MINUTE OF ORDER

JUDGE MAKING ORDER: TOOHEY J.

DATE OF ORDER: 4 October 1985 WHERE MADE: Perth

THE COURT ORDERS THAT:

1. The debtor have leave to amend para.2 of the application filed 30 August 1985 by adding the following paragraph in substitution for the existing paragraph 2:

"An order that the time within which the debtor comply with the bankruptcy notice be extended until 21 days after judgment in appeal No. 155 of 1985 to the Full Court of

the Supreme Court of Western Australia."

2. The time in which the debtor comply with the requirements of

the bankruptcy notice be extended until 21 days after

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2.

judgment in appeal No. 155 of 1985 to the Full Court of the

Supreme Court of Western Australia or until further order.

Liberty to the parties to apply as to the costs of the

debtor's application to amend para.2 of the application and

as to the costs of the hearing of para.2 of the application.

Liberty to the parties to apply generally.