Brown, Re W.T. Taylor, Ex Parte A.R. & Anor [1988] FCA 380

CATCHWORODS

BANKRUPTCY - arbitration on foot - whether "action" for purposes of election by trustee.

Bankruptcy Act 1966 s.60

Re: Warren Thomas Brown Ex parte: Alan Richard Taylor & Anor Qld E889 of 1987

PINCUS J. BRISBANE 6 JuLyY 1988

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON )

Qld E889 of 1987 BANKRUPTCY DISTRICT OF THE SOUTHERN )

DISTRICT OF THE STATE OF QUEENSLAND

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RE: WARREN THOMAS BROWN

Bankrupt EX PARTE: ALAN RICHARD TAYLOR Applicant

QUEENSLAND ELECTRICITY COMMISSION

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 6 JULY 1988 WHERE MADE: BRISBANE THE COURT DECLARES THAT: 1. the arbitration by the firm of W.T. Brown against

the Queensland Electricity Commission relating to work at the Tarong Power Station referred to in the papers 1s unaffected by the provisions of s.60(2) and s.60(3) of the Bankruptcy Act 1966.

THE COURT ORDERS THAT:

1. the application be otherwise dismissed; 2. there be no order as to costs. NOTE: Settlement and entry of orders is dealt with in

Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION )

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Qid E889 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

RE: WARREN THOMAS BROWN Bankrupt

EX PARTE: ALAN RICHARD TAYLOR

Applicant QUEENSLAND ELECTRICITY COMMISSION

Respondent

PINCUS J. 6 JULY 1988

EX TEMPORE REASONS FOR JUDGMENT

This is an application for an extension of time to make an election to continue an arbitration. A sequestration order was made against the bankrupt on17 July 1987, at which time the bankrupt and/or his partner had a claim under arbitration on foot against the respondent relating to a works contract. The

arbitration was consensual; a clause in the contract provided for

resolution of disputes by arbitration.

It is unnecessary to go into the rather complex history