Sibbles, Re O.f. & Anor Ex Parte Highfern Pty Ltd [1986] FCA 347

CATCHWORDS

BANKRUPTCY - judgment debt under appeal - bankruptcy notice application to extend time for compliance - appeal bona fide

diligent pursuit of appeal - no evidence as to assets or debts where evidentiary burden lies.

Bankruptcy Act 1966 ss.41(6A); 41(6C)(b)

Re: Oswald Frederick Sibbles & Anor. Ex Parte: Highfern Pty. Ltd.

QLd BN1187 of 1986

PINCUS J. BRISBANE 11 AUGUST 1986

PSION Coy Ausra ITN

URT OF

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

~

QLD BN1187 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND

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RE: OSWALD FREDERICK SIBBLES and LORNA SIBBLES EX PARTE: HIGHFERN PTY. LTD.

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 11 AUGUST 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The time for compliance with the bankruptcy notice issued on 19 June, 1986 be extended until further order.

2. The applicants and respondent be at liberty to relist the matter on reasonable notice.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

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QLD BN1187 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: OSWALD FREDERICK SIBBLES and LORNA SIBBLES

EX PARTE: HIGHFERN PTY. LTD.

PINCUS J. 11 AUGUST 1986

REASONS FOR JUDGMENT

This is an application to extend the time for compliance

with a bankruptcy notice, under s.41(6A) of the Act.

In litigation in the Supreme Court of Queensland, Williams J. gave judgment against the applicants, on 8 May 1986, in a sum of $69,680.29, in favour of the respondent. His Honour also gave judgment for the applicants against the respondent in a much smaller sum, together with a further judgment for the applicants for damages to be assessed by a Master. No argument was addressed to me on the question whether the last-mentioned