Federal Court of Australia
CATCHWORDS BANKRUPTCY - application for an extension of time to comply with the bankruptcy notice - whether the Court has jurisdiction to extend the time for compliance with the bankruptcy notice even though an application to set aside the bankruptcy notice was not made until after the time fixed for compliance - general power of the Court to extend the time conferred by s 33 of the Bankruptcy Act 1966 (Cth) does not include a power to extend the time fixed for compliance with a bankruptcy notice. Bankruptcy Act 1966 (Cth) ss 33, 41(6A) and 41(6C) Re Carter and Another; ex parte National Mutual Trustees Ltd(1995) 129 ALR 455 James v Abrahams (1981) 51 FLR 16 Makhoul v Barnes (unreported, Full Federal Court, 24 November 1995) No 154 of 1996 Re: EMILY PHYLLIS GERTRUDE PERRY Debtor Ex Parte: JOHNSTON WITHERS & ASSOCIATES Judgment Creditor Branson J Adelaide 27 May 1996
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) ) GENERAL DIVISION ) No 154 of 1996 ) BANKRUPTCY DISTRICT ) ) OF THE STATE OF SOUTH AUSTRALIA ) Re: EMILY PHYLLIS GERTRUDE PERRY Debtor
Ex Parte:JOHNSTON WITHERS & ASSOCIATES Judgment Creditor MINUTES OF ORDER CORAM: Branson J PLACE: Adelaide DATE: 27 May 1996
THE COURT ORDERS THAT: 1. The application of the debtor dated 24 April 1996 is dismissed. 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 154 of 1996 ) BANKRUPTCY DISTRICT ) ) OF THE STATE OF SOUTH AUSTRALIA ) Re: EMILY PHYLLIS GERTRUDE PERRY Debtor
Ex Parte:JOHNSTON WITHERS & ASSOCIATES Judgment Creditor REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 27 May 1996
Emily Phyllis Gertrude Perry ("Mrs Perry") by application dated 24 April 1996 has sought the following orders:- "1. Under section 41 (sub-section 6C) extend the time to submit this application and supporting affidavits to today's date. 2. To set aside bankruptcy notice No. 156 of 1996 as no credits have been allowed." On the application of Johnston Withers & Associates Pty Ltd ("the judgment creditor") a bankruptcy notice dated 6 March 1996 was issued against Mrs Perry ("the bankruptcy notice"). A licensed process server has sworn an affidavit in which he
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate