Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kyrwood v Drinkwater [1999] FCA 1617 BANKRUPTCY – application to set aside bankruptcy notice – application for extension of time to comply with bankruptcy notice where there is an appeal from judgment debt upon which bankruptcy notice is based PRACTICE AND PROCEDURE – application to amend application for an extension of time to comply with bankruptcy notice – where Court of Appeal ordered stay of judgment debt which is the basis of the bankruptcy notice on condition that debtors lodge security – where no security has been lodged – interests of creditor – delay Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(6A), 41(7) Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 cited GEOFFREY KYRWOOD AND TERENCE KYRWOOD EX PARTE GEOFFREY KYRWOOD AND TERENCE KYRWOOD v
PETER WESTGARTH DRINKWATER, JOHN FRANCIS DRINKWATER, LUSTRAY PTY LIMITED AND CADDYRACK INC. N 8081 OF 1999 TAMBERLIN J SYDNEY 19 NOVEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY 8081 OF 1999
RE: GEOFFREY KYRWOOD,
TERENCE KYRWOOD
DEBTORS
EX PARTE: GEOFFREY KYRWOOD,
TERENCE KYRWOOD
APPLICANTS
PETER WESTGARTH DRINKWATER,
JOHN FRANCIS DRINKWATER,
LUSTRAY PTY LIMITED,
CADDYRACK INC.
RESPONDENTS
JUDGE: TAMBERLIN J
DATE OF ORDER: 19 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave is refused to the applicants to amend their application for an extension of time. 2. The applicants are to pay the costs of the respondents of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY 8081 OF 1999
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.
Last checked with source on —
Checking whether the official page can be embedded…
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.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate