Re Pahl, D.J. v. Ex parte Pahl, D.J. [1994] FCA 1026

JUDGMENT No, 2289 2% CATCHWORDS

BANKRUPTCY - application to set aside bankruptcy notice - judgment debt set aside - act of bankruptcy remains

BANKRUPTCY - extension of time to comply with bankruptcy notice

Bankruptcy Act 1966 - s 41(6A), 41(6C)

Re: _ David John Pahl; Ex parte David John Pahl No QN1384 of 1994

Kiefel J.._ Brisbane, 16 December 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTAY

IN THE FEDERAL COURT OF AUSTRALIA No. QN1384 of 1994 GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND

RE: DAVID JOHN PAHL

EX PARTE: THE ABOVENAMED Applicant

JUDGE MAKING ORDER: Koefel J DATE OF ORDER: 16 December 1994

WHERE MADE: Brisbane

MINUTES OF ORDERS

THE COURT ORDERS THAT:

1. The application to set aside the bankruptcy notice be dismissed.

2. The debtor pay the creditors' costs of and incidental to the application to be taxed.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA No. QN1384 of 1994 GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND

RE: DAVID JOHN PAHL EX PARTE: THE ABOVENAMED

licant

CORAM: Kiefel J DATE: 16 December 1994 PLACE: Bnsbane

REASONS FOR JUDGMENT On 12 September 1994 the creditors obtained a judgment in the District Court of

Queensland against the debtor in the sum of $203,736.60 plus costs, and the bankruptcy notice dated 20 October 1994 is founded upon that judgment. Prior to that judgment a confession by the debtor that the sum claimed was due had been filed in that court. Notwithstanding, an application was brought before a judge of that court and on 14 December 1994 an order was made setting aside the judgement. His Honour's reasons are not yet published and I am informed by counsel for the creditors that an appeal will

be considered.

The debtor applies to set aside the bankruptcy notice, it would seem on the basis that there is now no debt. There 1s, however, an act of bankruptcy committed by reason