Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mathai v Kwee [2005] FCA 932
BANKRUPTCY – Application for extension of time nunc pro tunc within which to apply for a review of a Registrar's decision – Court's discretion; Application for annulment of sequestration order; whether debtor had a dwelling-house in Australia; whether debtor ordinarily resident in Australia; time for compliance with a 21 day Bankruptcy Notice expiring at Christmas time.
Acts Interpretation Act 1901 (Cth) s 36 Bankruptcy Act 1966 (Cth) s 33(1)(c), 40(1)(g), 41, 43, 153B, 154, 181A Bankruptcy Regulations 1996 Reg 4.02(1) and Schedule 1 Form 1 Federal Court of Australia Act 1976 (Cth) s 35A Federal Court Rules Order 77 Rules 7 and 8, Order 3 Rule 3 Foreign Judgments Act 1991 (Cth) s 6 Re Kwiatek and Kwiatek; Ex parte Big J Limited v Pattison (1989) 21 FCR 374 referred to Harris v Caladine (1991) 172 CLR 84 referred to Re R. E. Green (1947) 14 ABC 109 referred to In re Brauch (A Debtor); Ex parte Britannic Securities & Investments Limited [1978] 1 Ch 316 referred to In re Hecquard; Ex parte Hecquard (1889) 24 QBD 71 referred to Re Boles [2000] FCA 1782 referred to Re Vassis; Ex parte Leung (1986) 9 FCR 518 referred to Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 cited Re Ginnane; Ex parte Diner's Club Limited (1992) FCA 627 referred to MATHEW KERALAVAKAYIL MATHAI v LOW MOOI KWEE and ANOR NSD 596 of 2005 GRAHAM J 19 JULY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 596 OF 2005
BETWEEN: MATHEW KERALAVAKAYIL MATHAI
APPLICANT
AND: LOW MOOI KWEE
FIRST RESPONDENT
LOKE CHING WONG As Trustee of THE PROPERTY OF MATHEW KERALAVAKAYIL MATHAI, a Bankrupt
SECOND RESPONDENT
JUDGE: GRAHAM J
DATE OF ORDER: 19 JULY 2005
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