Komesaroff, Morris v Law Institute of Victoria [1997] FCA 965

FEDERAL COURT OF AUSTRALIA

BANKRUPTCY - creditor's petition-hearing of petition - during hearing no application to extend period of petition - petition expiring before delivery of judgment - application to extend petition for further twelve months pursuant to slip rule - whether excluded by statute - petition extended for further twelve months

PRACTICE AND PROCEDURE - slip rule - whether slip rule applicable to bankruptcy proceedings

Bankruptcy Act 1966 (Cth) ss 52(4), 52(5)

Corporations Law 1996 s 459

Federal Court Rules O 35 r 7

Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206

Re Agushi; ex parte Farrow Mortgage Services Pty Ltd (in liquidation) & Anr (1994) 126 ALR 704 (not followed)

Re Hibberd (unreported, 5 December 1988, Ryan J)

MORRIS KOMESAROFF v LAW INSTITUTE OF VICTORIA

NO. VG 291 of 1997

JUDGE: HEEREY J PLACE: MELBOURNE DATED: 11 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 291 of 1997 ) GENERAL DIVISION )

BETWEEN: MORRIS KOMESAROFF

Applicant

AND: LAW INSTITUTE OF VICTORIA

Respondent

JUDGE: HEEREY J PLACE: MELBOURNE DATED: 11 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The order of 8 July 1997 adjourning the petition for judgment be varied pursuant to O 35 r 7 so that it provides that the period at the expiration of which the petition will lapse be a period ending 25 July 1998. 2. The petitioning creditor pay the respondent's costs of the hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 291 of 1997 ) GENERAL DIVISION )