Federal Court of Australia
CATCHWORDS BANKRUPTCY - application for extension of time for compliance with bankruptcy notice - whether time for compliance already expired - whether affidavit evidenced counter-claim, set-off or cross demand. Bankruptcy Act 1966 (Cth) - s 40(1)(g), s 41(7) Re Brink; Ex parte Commercial Banking Co of Sydney Ltd (1980) 44 FLR 135 Ebert v Union Trustee Co of Australia Limited (1960) 104 CLR 346 Re James; Ex parte Carter Holt Harvey Roofing (Australia) Pty Ltd (1993) 46 FCR 183 Re ANDREW CHARLES ROBERT LEE; Ex parte ANDREW CHARLES ROBERT LEE and NATIONAL AUSTRALIA BANK LTD No. NN 1762 of 1996 CORAM: FOSTER J DATE: 8 OCTOBER 1996 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NN 1762 of 1996 ) BANKRUPTCY DIVISION ) RE: ANDREW CHARLES ROBERT LEE Debtor/Applicant
EX PARTE: ANDREW CHARLES ROBERT LEE Creditor/Respondent NATIONAL AUSTRALIA BANK LTD Creditor/Respondent JUDGE MAKING ORDERS: FOSTER J DATE: 8 OCTOBER 1996 PLACE: SYDNEY MINUTE OF ORDERS THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NN 1762 of 1996 ) BANKRUPTCY DIVISION ) RE: ANDREW CHARLES ROBERT LEE Debtor/Applicant
EX PARTE: ANDREW CHARLES ROBERT LEE Creditor/Respondent NATIONAL AUSTRALIA BANK LTD Creditor/Respondent CORAM: FOSTER J DATE: 8 OCTOBER 1996 PLACE: SYDNEY REASONS FOR JUDGMENT (Extempore) HIS HONOUR: The application before me is one for the extension of time for compliance with a bankruptcy notice dated 12 June 1996 and served shortly thereafter on the applicant, Mr Lee. This notice required compliance within 21 days. Of course, according to its terms, that time for compliance has long since passed. However, it is uncontested before me that after the service of the notice, Registrars of the Court extended the time for compliance with it up to and including 19 September 1996.
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