Chetwynd, B.G. & Anor v. Meridien International Credit Corporation Pty Ltd [1985] FCA 676

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IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

No. B5240 of 1985

BETWEEN : BRIAN GLENN CHETWYND AND GLYNIS ROSE

Debtors

EX PARTE: MERIDIEN INTERNATIONAL CREDIT CORPORATICN PRY. LIMITED

Creditor

MINUTES OF ORDER

JUDGE MAKING ORDER: JACKSON J. DATE OF ORDER: 19 December 1985 WHERE MADE: Sydney.

THE COURT ORDERS THAT:

1. The application for laave to appeal be refused.

tJ ,

The applicant to pay to the respondent the costs of the

application to be taxed including reserved costs if any.

Note: Settlement and entry of orders 1s dealt with in Order 124 of the Bankruptcy Rules.

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IN THE FEDERAL COURT OF AUSTPALTA )

GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE STATE OF ) No. 25240 of 1985

NEW SOUTH WALES AND )

THE AUSTRALIAN CAPTTAL TERRITORY )

BETWEEN : BRIAN GLENN CHETWYND AND GLYNIS ROSE Debtors EX PARTE: MERIDIEN INTERNATIONAL CREDIT COPPORATION PTY. LIMITED Creditor

CORAM: JACKSON J. DATE: 19th December 19385 PLACE: SYDNEY

REASONS FOR JUDGMENT

This matter first came before me on 17 Decamber 1985 in the

Bankruptcy List as an application by Brian Glenn Chetwynd for an

extension of the time for compliance with Bankruptcy Notice No. 852490 of 1985.

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I then refused the application, giving short reasons for my decision. Those reasons, in summary, were that: (a) although I was not affirmatively satisfied of the matters 'referred to in s.41(6C)(b), I considered that I yet had a discretion whether to extend the time for compliance under the power conferred by s.41(6A); (b) I refused to exercise the discretion under s.41(5A) in favour of the applicant, mentioning specifically one matter which I regarded as significant, namely that the applicant had a large and uncontested, though not exactly quantified, liability

to the respondent.