Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rocom International Pty Ltd v Prentice [2002] FCA 604 PRACTICE AND PROCEDURE – application for an extension of time within which to file an application seeking review of the Trustee's decision to reject proof of debt lodged by applicant liquidator – considerations relevant to extension of time – time for lodging application under s 104 of the Bankruptcy Act 1966 (Cth) runs from date decision on proof of debt is made - whether application by liquidator is without foundation – whether prejudice – delay in lodging proof of debt Bankruptcy Act 1966 (Cth) ss 33, 104 Corporations Act 2001 (Cth) s 588G Re CLUBB; Ex parte CLUBB v Westpac Banking Corporation (1990) 93 ALR 123 cited Gallo v Dawson (1990) 93 ALR 479 cited Jackamarra v Krakouer (1998) 195 CLR 516 referred to
IN THE MATTER OF THE ESTATE OF ROBIN JACK KNIGHT (BANKRUPT)
ROCOM INTERNATIONAL PTY LIMITED (IN LIQUIDATION) v
MAXWELL WILLIAM PRENTICE (TRUSTEE OF THE BANKRUPT'S ESTATE) N 7093 of 2002 TAMBERLIN J SYDNEY 17 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7093 OF 2002
IN THE MATTER OF THE ESTATE OF ROBIN JACK KNIGHT (BANKRUPT)
BETWEEN: ROCOM INTERNATIONAL PTY LIMITED
(IN LIQUIDATION) ACN 060 789 111
APPLICANT
AND: MAXWELL WILLIAM PRENTICE
(TRUSTEE OF THE BANKRUPT'S ESTATE)
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 7 MAY 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for extension of time is granted. 2. Costs be awarded in accordance with the outcome of the hearing of the application for review. 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 7093 OF 2002
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