McLeod v Falvey [1995] FCA 775

CATCHWORDS BANKRUPTCY - Application to extend time for compliance with bankruptcy notice pending appeal against judgment - exercise of discretion under s.41(6C) of the Bankruptcy Act 1966 (Cth) - prospects on appeal a relevant consideration - possibility of prejudice to creditors. Bankruptcy Act ss. 41(6A), 41(6C)

Bryant v. Commonwealth Bank of Australia (Unreported, Davies, Foster and O'Loughlin JJ, 9 November 1994) - Appl. William Stephen Ferguson McLEOD and Rosslyn Florence McLEOD, Ex parte William Stephen Ferguson McLeod and Rosslyn Florence McLeod and Lynette Alice Falvey and Peter Gerard Falvey No. QN1126 of 1995 Cooper J., Brisbane, 20 September 1995

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QN1126 of 1995 RE: WILLIAM STEPHEN FERGUSON McLEOD and ROSSLYN FLORENCE McLEOD EX PARTE: WILLIAM STEPHEN FERGUSON McLEOD and ROSSLYN FLORENCE McLEOD Applicants AND: LYNETTE ALICE FALVEY and PETER GERARD FALVEY Respondents

JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 20 September 1995

MINUTES OF ORDER UPON the undertaking of the respondents that they will not in the event that they present a petition based upon non-compliance with the bankruptcy notice filed 31 August 1995, seek to progress the petition to obtain an order for sequestration pending the outcome of an appeal instituted by the applicants in the Court of Appeal of the Supreme Court of Queensland THE COURT ORDERS THAT: 1. The application filed 31 August 1995 be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application including reserved costs to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.