Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISTON ) QLD. No.1903 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) )
DISTRICT OF THE STATE OF QUFENSLAND )
EDEL GQUAT OF fj
RE: IAN ALEXANDER OUTRIDGE pet an EX PARTE: IAN ALEXANDER OUTRIDGE Napplicant)>
QUEENSLAND DRUGGISTS LIMITED (Respondent)
SPENDEP J. BRISBANE 1 December, 1986.
REASONS FOR JUDGMENT
This 1s an application by a debtor, Ian Alexander
Outridge, for a number of orders. He seeks:-~
1. "That the time for compliance with a Bankruptcy Notice issued on the 24th September 1986 be extended.
2. That the Bankruptcy Order (sic) issued on the 24th September 1986 be set aside.
3. That the Judgment Debtor be granted leave to pay the
judgment debt by instalments of TEN THOUSAND DOLLARS ($10,000) payable monthly together with interest at the rate of TWELVE per cent (12%) per annum under the provisions of the Common Law Act (sic) 1867-1981 Queensland.
5. That the Judgment Creditor do pay the Judgment Debtors (sic) costs."
N
On 20 August 1986, Master Weld in the Supreme Court of
Queensland in Writ No.2409 of 1986, after a defended application for summary judgment, gave judgment to Queensland Druggists Limited against Mr. Outridge in the sum of §63,169.75, and ordered that Mr. Outridge pay the plaintiff's costs, including
reserved costs, to be taxed.
A bankruptcy notice in respect of the judament amount of 363,169.75 was filed on 26 September 1986, and Mr. Outridge was
served with the bankruptcy notice on 9 October 1986.
The bankruptcy notice was a 14 day notice, and therefore the period for compliance with the requirements of the bankruptcy
notice expired 14 days after the day of service.
It was not until 3 November 1986 that the application to which I have referred was filed in this court. Section 41/{6A) of
the Bankruptcy Act 1966 provides:-
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