Federal Court of Australia
an
CATCHWORDS
BANKRUPTCY - Election of trustee under s.60 - Notice to elect by "defendant or other party" ~- Whether "other party" includes the bankrupt plaintiff - History of the provision as throwing light on its meaning - Eiusdem generis rule - Whether extension of the
time limited under s.60 should be granted.
Bankruptcy Act 1966, s.60(2), (3)
Re Summerhayes; Ex parte The Official Assignee [1890] 1 BC(NSW) Bennett _v. Gamgee (1876) 46 LJ Ex(NS) 33, and on appeal (1877) 46 LJ Ex(NS) 204; 36 LTNS 48
Re Kwok; Ex parte Rummel (1981) 61 F.L.R. 336
Stag Line Limited v. Foscolo, Mango & Company Limited [1932] Ac Humber Conservancy Board v. Federated Coal and Shipping Company Limited [1928] 1 K.B. 492
Lake Macquarie Shire Council v. Ades [1977] 1 N.S.W.L.R. 126
Re Faulkner; Ex parte Official Receiver (1981) 52 F.L.R. 109
Holmes v. Goodyear Tyre & Rubber Co. (Aust) Ltd. (1984) 55 A.L.R. RE: SHEILA IRENE COLLINS; EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY
No. W.913 of 1980
Burchett J.
4 April 1986 Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. W.913 of 1980
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GENERAL DIVISION
RE: SHEILA IRENE COLLINS EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Applicant AND:
JAY MORRIS BRACHER
Respondent MINUTE OF ORDER
Judge Making Order: Burchett J. Date of Order: 4 April 1986 Where Made: Sydney
THE COURT DECLARES THAT:
The letter dated 22 September 1980 referred to in the application did not constitute a notice for the purpose of s.60(3) of the Bankruptcy Act 1966.
THE COURT ORDERS THAT:
The respondent pay the applicant's costs of this application.
Note: Settlement and entry of order is dealt with in Rule 124 of the Bankruptcy Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. W.913 of 1980
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