Federal Court of Australia
A id
Io
—_—
oO
CATCHWORDS
BANKRUPTCY - application for extension of time for trustee to make election whether to continue bankrupt's Supreme Court action - notice of the action served - long delay by trustee - notice containing incorrect action number and not all defendants' names - whether notice effective - whether any estoppel to a claim that action had been abandoned - amendment
of notice.
Bankruptcy Act 1966, ss.33(1)(b), 33(1)(c), 60(2), 60(3)
Ajayi v. R.T. Briscoe (Nigeria) Ltd. (1964) 1 W.L.R. 1326 Tool Metal Manufacturing Co. Ltd. v. Tungsten Electric Co. Ltd. (1955) 1 W.L.R. 761
Re Faulkner, Ex parte Official Receiver (1981) 52 F.L.R. 109
ANDREW JOHN WELINSKI v. NEVILLE PATRICK TEMPLE NO. W127 of 1986
Jackson J. 8th April 1987 Sydney
79 APR 1987
FEDERAL COURT OF AUSTRALIA.
PRINCIPAL . REGISTRY A
'4
cy
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
NEW SOUTH WALES AND
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. W127 of 1986 ) ) ) )
THE AUSTRALIAN CAPITAL TERRITORY
RE: ANDREW JOHN WELINSKI Debtor EX PARTE: NEVILLE PATRICK TEMPLE CORAM: JACKSON J. DATE: 8th April 1987 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. Leave be granted to amend the notice of action, a copy of which is Annexure "A" to the affidavit of Chris Bouris filed in the Court on 24th December 1986, by deleting the words and figures "Suit No. 4396 of 1985" where they twice appear and substituting the words and figures "Suit No. 4396 of
1984",
2. The trustee's application for an extension of time be refused.
NOTE: Settlement and entry of orders is dealt with in Order
124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF No. W127 of 1986
NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: ANDREW JOHN WELINSKI Debtor EX PARTE: NEVILLE PATRICK TEMPLE CORAM: JACKSON J. DATE: 8th April 1987 PLACE: Sydney
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate