Federal Court of Australia
JUDGMENT NOx sme? SS uf IE,
CATCHWORDS
BANKRUPTCY - application for extension of time for compliance with bankruptcy notice - whether discretion should be exercised where debtor has proceedings pending to set aside orders for payment of debt - insufficient evidence to support debtor's claim to have orders set aside - debtor's failure to make a further application to stay orders - application refused.
Bankruptcy Act 1966, s 41(6A), s 41(6C)
Re Geard: Ex parte Reid 11 February 1994, Unreported, Sheppard
16 DEC 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL, REGISTRY
v_RAFFAELE ISP NN_234/94
Sackville J. 16 December, 1994 Sydney.
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NN 234 of 1994
GENERAL DIVISION )
BETWEEN:
SANTINO AGRILLO Applicant
AND:
RAFFAELE CODISPOSTO
Respondent
CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 16 DECEMBER, 1994
MINUTES OF ORDER THE COURT ORDERS THAT: 1. Subject to orders, the application be dismissed. 2. The time for compliance with the bankruptcy notice be
extended for seven days from the date of this judgment
3. The debtor pay the costs of the application.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NN 234 of 1994
GENERAL DIVISION ) BETWEEN: SANTINO AGRILLO Applicant AND: RAFFAELE CODISPOSTO Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 16 DECEMBER 1994 REASONS FOR JUDGMENT Introduction
The debtor, Santino Agrillo, by an amended application, seeks orders that a bankruptcy notice, dated 3 May 1994, be set aside, or that the time for compliance with the notice be extended until one month after the conclusion of certain proceedings, No. 4418 of 1993, in the Equity Division of the Supreme Court of New South Wales. The bankruptcy notice was issued on the application of the creditor, Raffaele Codisposto, and was based upon a judgment debt arising out of earlier proceedings in the Equity Division of the Supreme Court of New South Wales, No. 3419 of 1993,
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