Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burns v AMP Finance Limited [2004] FCA 1094
BANKRUPTCY – bankruptcy notice – application for extension of time for compliance with bankruptcy notice – bankruptcy notice issued in respect of judgment debt – proceedings to set aside judgment – no application for stay of execution of judgment debt – whether time for compliance should be extended – whether order restraining respondent from presenting a petition should be made
Bankruptcy Act 1966 (Cth) subs 41(6A)
Shephard v Chiquita Brands South Pacific Ltd [2004] FCAFC 76 followed Jackson v Conway [2000] FCA 1530 cited Conway v Jackson (2001) 107 FCR 201 cited Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 applied Re Geard; Ex parte Reid (unreported, Federal Court, 11 February 1994) cited JOHN BURNS v AMP FINANCE LIMITED ACN 002 812 704 N 1096 of 2004 BRANSON J 24 AUGUST 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1096 of 2004
BETWEEN: JOHN BURNS
APPLICANT
AND: AMP FINANCE LIMITED ACN 002 812 704
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 10 AUGUST 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Time for compliance with the bankruptcy notice be extended until midnight on Tuesday 17 August 2004. 2. The application be otherwise dismissed. 3. The applicant to pay the respondent's costs, including reserved costs, on the basis that if a sequestration order is made on a petition that relies on failure to comply with the bankruptcy notice such costs are to be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth).
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1096 of 2004
BETWEEN: JOHN BURNS
APPLICANT
AND: AMP FINANCE LIMITED ACN 002 812 704
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