Re Nicolson, O. v. Ex parte British Airways PLC [1988] FCA 138

(2S [Set cary No. "on has

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IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE STATE ) No. B.1516 of 1987 ) )

OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

RE: ODETTE NICOLSON Debtor EX_PARTE:

BRITISH AIRWAYS PLC

Creditor

BURCHETT J.

This is an application under s.31A(6) of the Bankruptcy Act 1966 for what is described, in that subsection, as a review of the exercise of power by the Registrar. The exercise of power in question is an order that the debtor pay the costs of the creditor, including reserved costs, of an application for substituted service, and of an application for setting aside a

bankruptcy notice, as agreed or as taxed.

It seems to me that different considerations may apply

to the two applications referred to in that order.

So far as the application for setting aside the bankruptcy notice is concerned, that was an application brought by the debtor, who claimed that the notice had been issued

prematurely in view of the fact that she was appealing against

2.

the decision which founded the bankruptcy notice. In fact, she did appeal, or sought Leave to appeal - 1t is not quite clear to me which - but at any rate it is clear that the appeal or attempted appeal failed. After a number of adjournments of the application to set aside the bankruptcy notice, which involved the making of orders extending the period for compliance with the notice, and after the appeal procedure had finally terminated unfavourably to the debtor, there was an application to pay the debt by instalments, and apparently agreement was reached upon the acceptance of instalments which have now been paid for some time. Nothing has been put before me which persuades me that there is any error in the Registrar's order that the costs of that application for the setting aside of the bankruptcy notice ought to be paid by the debtor. Indeed, I am positively