Penning, A.C. v Steel Tube Supplies Pty Ltd [1988] FCA 302

CATCHWORDS

BANKRUPTCY - Creditor's petition - order appointing trustee to take control of property of debtor - effect of such an order - whether order had effect of staying execution - bankruptcy notice issued - whether bankruptcy notice was invalid - power to extend time for compliance with bankruptcy notice.

Bankruptcy Act 1966 (Cth) ss.41(3)(b), 41(6A), 41(6C) and 50.

BETWEEN:

ADRIANUS CORNELIS PENNING Appellant - and - STEEL TUBE SUPPLIES PTY. LTD. Respondent

No. SA. G7 of 1938

CORAM: Woodward, Fisher & Spender JJ.

Adelaide 17 June 1988

FEDERAL Court AUSTRALIA. OF

PRINCIPAL REGISTRY

Marty

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. S.A. G7 of 1988

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE

ee ew ew SS

OF SOUTH AUSTRALIA

ON APPEAL from the judgments of

the Federal Court given on the

23rd day of November 1987 and

the 13th day of January 1988.

BETWEEN:

ADRIANUS CORNELIS PENNING Appellant

- and -

STEEL TUBE SUPPLIES PTY. LTD.

Respondent

MINUTES OF ORDER

JUDGES MAKING ORDER WOODWARD, FISHER & SPENDER JJ.

WHERE MADE

ADELAIDE

DATE OF ORDER 17 JUNE 1988

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The bankruptcy notice issued on 24 September 1987 be set aside as invalid.

3. The sequestration order made on 13 January 1988 be set aside.

4. The creditor's petition issued on 16 October 1987 be

dismissed.

2.

5. The respondent do pay to the appellant his costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION : No.S.A. G7 of 1988 BANKRUPTCY DISTRICT OF THE STATE OF SOUTH AUSTRALIA ON_APPEAL from the judgments of the Federal Court given on the 23rd day of November 1987 and the 13th day of January 1988. BETWEEN: ADRIANUS CORNELIS PENNING Appellant - and - STEEL TUBE SUPPLIES PTY. LTD.