Federal Court of Australia
FEDERAL COURT OF AUSTRALIA BANKRUPTCY - PRACTICE AND PROCEDURE - EXTENSION OF TIME to file review of Registrar's decision - whether service effected in accordance with Court's rules - whether reasons for failing to comply with time to lodge review - whether significant prejudice to a party if application granted - Bankruptcy Act 1966 (Cth) Bankruptcy Rules O 77 r 8 Federal Court Rules O 3 r 1 LOPEZ -V- SARID NOMINEES VG 7385 of 1997 PARKINSON JR MELBOURNE 17 SEPTEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 7385 of 1997
BETWEEN: Conchita LOPEZ
Applicant
AND: SARID NOMINEES PTY LTD
Respondent
JUDICIAL REGISTRAR: PARKINSON
DATE OF ORDER: 17 SEPTEMBER 1997
WHERE MADE: MELBOURNE
MINUTES OF ORDERS
THE COURT ORDERS THAT: 1. The application be dismissed. 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 7385 of 1997
BETWEEN: Conchita LOPEZ
Applicant
AND: SARID NOMINEES PTY LTD
Respondent
JUDICIAL REGISTRAR: PARKINSON
DATE: 17 SEPTEMBER 1997
PLACE: MELBOURNE
REASONS FOR JUDGMENT This is an application made for an extension of time for filing a review of a decision of a Registrar to make a sequestration order. The decision in question and consequent order was made by the Registrar on 20 November 1990. At the hearing I dismissed the application and reserved full reasons which I now publish. I am treating the application as an application made pursuant toO 3 r 1 of the Federal Court Rules for the extension of time for the filing of a review against a decision of a Registrar. The time for filing such a review, provided for by the Bankruptcy Rules in O 77 r 8, is 21 days after the order is made. The applicant appeared with leave by a friend,Ms. Goodman. There was no appearance for the respondent. Nor was there an appearance for the Official Trustee. No affidavit material as to service was provided to the Court. The state of the material was such that I could not be satisfied that service of the application, including the affidavit material to be relied upon, had been effected on the respondent or the Official Trustee, as ordered by the Registrar at the last hearing of this matter.
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