Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ramsay Health Care Australia Pty Ltd v Compton (No 2) [2016] FCA 691 File number: NSD 660 of 2015
Judge: FLICK J
Date of judgment: 8 June 2016
Catchwords: BANKRUPTCY – when is a petition "presented" – lapse of petition PRACTICE AND PROCEDURE – application to extend duration of creditor's petition – slip rule – application made after petition had lapsed
Legislation: Bankruptcy Act 1966 (Cth), s 52 Federal Court Rules 2011 (Cth), rr 1.34, 2.24, 2.25, 39.05
Cases cited: Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 Flint v Richard Busuttil & Co Pty Ltd [2013] FCAFC 131, (2013) 216 FCR 375 Nugawela v Deputy Commissioner of Taxation [2016] FCA 578 Purden Pty Ltd v Registrar in Bankruptcy (1982) 64 FLR 306 Ramsay Health Care Australia Pty Ltd v Compton [2015] FCA 1207
Date of hearing: 8 June 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 27
Counsel for the Applicant: Mr A J McInerney SC with Mr K Josifoski
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondent: Mr N Cotman SC
Solicitor for the Respondent: Pavuk Legal
ORDERS NSD 660 of 2015
BETWEEN: RAMSAY HEALTH CARE AUSTRALIA PTY LTD (ACN 008 184 889) Applicant
AND: ADRIAN JOHN COMPTON Respondent
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