Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bankstown Grammar School Limited v Park [2000] FCA 1205 BANKRUPTCY – Creditor's petition – lapsing at expiration of twelve months after filing which occurred seven days after hearing and decision reserved – order extending currency of petition not made when decision reserved due to oversight of all concerned – but for oversight, order for extension would have been made – availability of "slip rule" found in O 35 r 7 – order made nunc pro tunc. Bankruptcy Act 1966 (Cth) subss 52(4), (5) Federal Court Rules O 35 r 7 Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206 followed Re Howell; Ex parte Deputy Commissioner of Taxation (1996) 70 FCR 261 followed Komesaroff v Law Institute of Victoria [1997] FCA 965 followed Re Langridge; Ex parte Bennett, Carroll & Gibbons [1998] FCA 879 followed Matthews v Collett [2000] FCA 224 followed BANKSTOWN GRAMMAR SCHOOL LIMITED v KENNETH PARK N 7933 OF 1999 LINDGREN J 21 AUGUST 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7933 OF 1999
In the matter of Kenneth Park
BETWEEN: BANKSTOWN GRAMMAR SCHOOL LIMITED (ACN 003 130 630)
APPLICANT
AND: KENNETH PARK
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 21 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The order of 10 August 2000 reserving the decision to a date to be advised be varied pursuant to Order 35 rule 7 of the Federal Court Rules by the addition of an order that the period at the expiration of which the petition will lapse be a period of fifteen months commencing on 17 August 1999. 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 N 7933 OF 1999
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