Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mango Boulevard Pty Ltd v Whitton [2015] FCA 1295 Citation: Mango Boulevard Pty Ltd v Whitton [2015] FCA 1295
Parties: MANGO BOULEVARD PTY LTD (ACN 101 544 601) and BMD HOLDINGS PTY LIMITED (ACN 101 093 349) v ROBERT WILLIAM WHITTON, RICHARD WILLIAM SPENCER and SILVANA PEROVICH
File number: VID 1183 of 2010
Judge: RANGIAH J
Date of judgment: 24 November 2015
Catchwords: BANKRUPTCY AND INSOLVENCY – application for abridgment of time – proposal for composition and trustee's report – trustee unable to meet prescribed time limit under reg 4.18 of the Bankruptcy Regulations 1996 (Cth) – factors relevant to granting abridgement – whether adequate explanation for delay – where bankrupts delayed in paying surety to trustee and providing income details – whether trustee's report adequate – where report included recommendation – whether prejudice to the parties – where defects can be remedied
Legislation: Bankruptcy Act 1966 (Cth) ss 33(1)(c), 73, 74, 76B and 222 Bankruptcy Regulations 1996 (Cth) regs 4.18 and 16.01
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Labocus Precious Metals Pty Ltd v Thomas [2007] FCA 1154 applied Mango Boulevard Pty Ltd v Whitton [2015] FCA 1169 cited Re Bendel, Ex parte Bendel & Ors v Pattison (1997) 80 FCR 123 distinguished
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