Hall, Ian Richard v Inspector-General in Bankruptcy [1998] FCA 1327

FEDERAL COURT OF AUSTRALIA BANKRUPTCY – TRUSTEES – Extension of registration – where applicant failed to apply for extension of registration within time period prescribed by s 155D of the Bankruptcy Act 1966 – whether court has power to extend time limit under s 33(1)(c) of Bankruptcy Act 1966 – effect of extension of s 155D(a) time limit. Bankruptcy Act 1966 (Cth) – ss 33(1)(c), 155D, 159 and 160

Ian Richard Hall v Inspector-General in Bankruptcy QG 7397 of 1998 Dowsett J Brisbane 16 October 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7397 of 1998

BETWEEN: IAN RICHARD HALL

Applicant

AND: INSPECTOR-GENERAL IN BANKRUPTCY

Respondent

JUDGE: DOWSETT J

DATE OF ORDER: 16 OCTOBER 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The time limited pursuant to s 155D(a) of the Bankruptcy Act 1966 (as amended) for the applicant to apply to the Inspector-General for an extension of his registration as a trustee, be extended pursuant to s 33(1)(c) of the said Act, until Monday, 9 November 1998. 2. Upon the Inspector-General exercising the power conferred by s 155D pursuant to the applicant's application for an extension of his said registration, such registration will be renewed for a period of three years from 29 June, 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7397 of 1998

BETWEEN: IAN RICHARD HALL

Applicant

AND: INSPECTOR-GENERAL IN BANKRUPTCY

Respondent

JUDGE: DOWSETT J

DATE: 16 OCTOBER 1998

PLACE: BRISBANE

REASONS FOR JUDGMENT The applicant, Ian Richard Hall was, prior to 29 June this year, a registered trustee for the purposes of the Bankruptcy Act 1966 (as amended). The period of his registration expired on that date. Pursuant to s 155D of the Bankruptcy Act 1966, he was obliged to make any application for extension of his registration prior to expiry thereof. However, for reasons which have been explained, and which are accepted as inadvertent, he did not do so. The section itself makes no provision for an extension of time, and prima facie, that would lead to the conclusion that it is necessary that he make an application for re-registration. However, s 33 provides relevantly as follows:- "(1) The court may:- (a) ..... (b) ..... (c) extend before its expiration or, if this Act does not expressly provide to the contrary, after its expiration, any time limited by this Act, or any time fixed by the Court or the Registrar under this Act ..... for doing an act or thing or abridge any such time."