RE Howell, Gordon Raymond EX PARTE Deputy Commissioner of Taxation [1996] FCA 1027

Federal Court of Australia

Document text

CATCHWORDS BANKRUPTCY - lapse of creditor's petition - inadvertent omission by petitioning creditor to request extension of time - slip rule - whether the principle known under the rubric of the "slip rule" enables the Court to do justice and rectify what was no more than a lapse or mistake, even in the absence of any express rule to that effect in the Bankruptcy Rules. Bankruptcy Act 1966, s.52(5) Re Hibbard; Ex parte Playroom Pty Limited (unreported, Pincus J, 5 December 1988) Re Agushi; Ex parte Farrow Mortgage Services Pty Ltd (1994) 126 ALR 704 Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206 RE: GORDON RAYMOND HOWELL; EX PARTE DEPUTY COMMISSIONER OF TAXATION NP 1931 of 1995 Burchett J. Sydney 14 November 1996

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES ) NP 1931 of 1995 RE: GORDON RAYMOND HOWELL Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Creditor Coram: Burchett J. Place: Sydney Date: 14 November 1996 MINUTE OF ORDERS OF THE COURT The Court orders, as regards Order 1, as at 9 August 1996, nunc pro tunc, that: (1) The period at the expiration of which the petition will lapse be the period of 24 months commencing on the date of presentation of the petition. (2) The proceeding be stood over until 13 March 1997. (3) Either party be granted liberty to restore the proceeding on seven days notice in case something occurs in the meantime to justify that course. NOTE: Settlement and entry of Orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES ) NP 1931 of 1995 RE: GORDON RAYMOND HOWELL Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Creditor Coram: Burchett J. Place: Sydney Date: 14 November 1996 REASONS FOR JUDGMENT BURCHETT J. In this matter, the petition was adjourned on the application of the debtor on 9 August last. That adjournment was to 7 November. The adjournment had been opposed, and certain terms were exacted of the debtor by the Registrar, who adjourned the matter, which plainly envisaged that unless good reason for a further adjournment were shown, the matter could, and perhaps would, be heard on 7 November. Section 52, subsection (4) of the Bankruptcy Act 1966 provides as follows: "(4)A creditor's petition lapses at the expiration of:

Read full text →

Official source

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.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

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.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES ) NP 1931 of 1995 RE: GORDON RAYMOND HOWELL Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Creditor Coram: Burchett J. Place: Sydney Date: 14 November 1996 REASONS FOR JUDGMENT BURCHETT J. In this matter, the petition was adjourned on the application of the debtor on 9 August last. That adjournment was to 7 November. The adjournment had been opposed, and certain terms were exacted of the debtor by the Registrar, who adjourned the matter, which plainly envisaged that unless good reason for a further adjournment were shown, the matter could, and perhaps would, be heard on 7 November. Section 52, subsection (4) of the Bankruptcy Act 1966 provides as follows: "(4)A creditor's petition lapses at the expiration of:

Read full text →