James v Hill [2005] FCA 853

FEDERAL COURT OF AUSTRALIA James v Hill [2005] FCA 853 BANKRUPTCY – bankruptcy notice – extension of time for compliance – where judgment debtor applied for order setting aside notice in the Federal Magistrates Court – where Federal Magistrate dismissed application but extended time for compliance with notice for two weeks – whether Magistrate had power to do so pursuant to s 41(6A) – where appeal to Federal Court instituted within extended time – where application made for further extension of time pending appeal – whether power to extend time under s 41(6A)

Bankruptcy Act 1966 (Cth) ss 41(6A), 41(7) Conway v Jackson (2001) 107 FCR 201, cited James v Abrahams (1981) 34 ALR 657, cited James v Hill [2005] FMCA 743, considered Patane v Asteron Life Ltd (2004) FCA 232, applied Re Udowenko: Ex parte Mitchell (1996) 69 FCR 299, cited Shephard v Chiquita Brands South Pacific Ltd (2004) 1 ABC(NS) 610; [2004] FCAFC 76, applied

P.P. McQuade and M.G.R. Gronow, Australian Bankruptcy Law & Practice, 5th Edition, Law Book Co, 1996 DAVID ANTHONY JAMES v TERRY DONALD HILL NSD 949 of 2005 EDMONDS J 22 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 949 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: DAVID ANTHONY JAMES

APPELLANT

AND: TERRY DONALD HILL

RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 22 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondent's amended motion on notice be dismissed.

2. The time for compliance with bankruptcy notice NN3422/04 issued on 22 December 2004 be extended from 5:00 pm on 22 June 2005 until 14 July 2005 or further order.

3. Costs of the motions be the appellant's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.