Ex parte Application by State Transport Authority [1987] FCA 194

CATCHWORDS

Bankruptcy - Registrar in Bankruptcy - issue of bankruptcy notice - application to Court seeking order that Registrar issue bankruptcy notice forthwith - whether an "application" ~ is before the Court - nature of function of Registrar in issuing bankruptcy notice.

Bankruptcy Act 1966 ss.14(5),41(1),41(3) (b)

Bankruptcy Rules rr.5(1),5(2),7,8,102(1)

RE: EX PARTE APPLICATION BY STATE TRANSPORT AUTHORITY (FORMERLY KNOWN AS VICTORIAN RAILWAYS BOARD AND THE VICTORIAN RAILWAYS COMMISSIONERS)

NORTHROP J. 18 MARCH 1987 MELBOURNE

RECEIVED 2 4APR 1987

FEDERAL Cour AUSTRALIA. OF

PRINCIP REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA ) ) EXERCISING FEDERAL JURISDICTION ) ) )

IN BANKRUPTCY

BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

RE: EX PARTE APPLICATION BY STATE TRANSPORT AUTHORITY (FORMERLY KNOWN AS VICTORIAN RAILWAYS BOARD AND THE VICTORIAN RAILWAYS COMMISSIONERS)

COURT: NORTHROP J. DATE: 18 MARCH 1987

PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

There is before the Court what is said to be an application to the Court seeking orders that the time for the making of the application be extended and a substantive order that the Registrar's decision to refuse to issue a bankruptcy notice, which decision is contained in the letter from the Registrar dated 13. January 1987 to the applicant's solicitors, be reviewed and the Registrar be ordered to issue the said bankruptcy notice forthwith. The document which is

said to be the application to the Court is headed:-

"IN THE FEDERAL COURT

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA No. of 1986

RE: TERENCE RONALD KRUGER Judgment Debtor

EX PARTE: STATE TRANSPORT AUTHORITY (formerly known as Victorian Railways Board and The Victorian Railways Commissioners)

Judgment Creditor."

The application states that the application has been set down for hearing by the Court at 10.00 a.m. on 24 February 1987