Federal Court of Australia
i
CATCHWORODS
BANKRUPTCY - Supreme Court judgment under appeal - bankruptcy notice issued thereon - time for compliance expired - whether jurisdiction to extend expired time - exercise of discretion — undertaking to adjourn petition - importance of letting petition
issue.
Bankruptcy Act, 1966 s.41(6A), s.41(6C)
Re: Cyril Gardner Maloney Ex Parte: Sunbird Plaza Pty. Ltd. Qld BN700 of 1986
Re: Margaret Mary Cussan
Ex Parte: Sunbird Plaza Pty. Ltd. Qld BN701 of 1981
PINCUS J. BRISBANE
11 JULY 1986
" 7 Ta
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IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION )
BANKRUPTCY DISTRICT OF THE SOUTHERN )
DISTRICT OF THE STATE OF QUEENSLAND )
QLD BN700 of 1986
RE: CYRIL GARDNER MALONEY
EX PARTE: SUNBIRD PLAZA PTY. LTD.
QLD BN701 OF 1986
RE: MARGARET MARY CUSSAN
EX PARTE: SUNBIRD PLAZA PTY. LTD.
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 11 JULY 1986 WHERE MADE: BRISBANE
THE COURT ORDERS IN EACH APPLICATION THAT:
l.
NOTE:
The application be dismissed on the respondent undertaking not to oppose an application to adjourn any hearing of the petition for a sequestration order when issued, until determination of the appeal to the Full Court of the Supreme Court of Queensland, instituted on 14 May 1986, such undertaking to be subject to two conditions:
(i) that the effect of such adjournment not be to cause the petition to become stale, and
(ii) that the appeal be prosecuted with due
diligence, so far as that lies in the power of the applicant.
The costs of and incidental to the application he costs of the petitioning creditor in the petition
to be issued by the respondent on the bankruptcy notice dated 17 April, 1986.
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
,
~
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION )
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND ) QLD BN700 of 1986
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