Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Loughlin v Glenmont Investments Pty Ltd [2001] FCA 925 BANKRUPTCY - application for an order extending time for compliance with a bankruptcy notice - bankruptcy notice based upon Full Court of Supreme Court judgment - significance of failure to seek stay of Full Court judgment - whether to exercise discretion to grant an extension of time until special leave application to the High Court is determined.
Bankruptcy Act 1966 (Cth) Conway v Jackson [2001] FCA 230 applied Bryant v Commonwealth Bank of Australia [1994] FCA 1091 considered Re Taylor; Ex parte Deputy Commissioner of Taxation (Cth) (1983) 74 FLR 377 considered Re Geard; Ex parte Reid [1994] FCA 45 considered Re Baker; Ex parte Baker v Staples [1995] FCA 703 considered Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 referred to Benaharon v Fabric Dyeworks (Aust) Pty Ltd [1998] FCA 1109 referred to Warner v Frost [1999] FCA 830 applied Beckwith v Pedler [1999] FCA 1312 considered Liew v JNS Technologies (M) Sdn Bhd [1999] FCA 1428 referred to BARRY PETER O'LOUGHLIN v GLENMONT INVESTMENTS PTY LTD S 7005 OF 2001 MANSFIELD J ADELAIDE 19 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 7005 OF 2001
BETWEEN: BARRY PETER O'LOUGHLIN
APPLICANT
AND: GLENMONT INVESTMENTS PTY LTD
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 19 JULY 2001
WHERE MADE: ADELAIDE
UPON the undertaking of the applicant, Barry Peter O'Loughlin, that he will not dispose of any of his assets, other than in the ordinary course of his business or for normal living expenses, pending the hearing and determination of this application, and further that he will notify in writing the respondent, Glenmont Investments Pty Ltd, by its solicitor not less than forty-eight hours before he pays or incurs any individual item of expenditure in excess of $5,000, and further that he not borrow any monies on the existing security granted by him over his land, and further that he will continue to use his best endeavours to carry on his business known as Barlin Metals,
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