Young v Cooke [2016] FCA 1215

FEDERAL COURT OF AUSTRALIA

Young v Cooke [2016] FCA 1215 File number: NSD 496 of 2016

Judge: RARES J

Date of judgment: 15 September 2016

Legislation: Bankruptcy Act 1966 (Cth) ss 40, 41 Civil Liability Act 2002 (NSW) Companion Animals Act 1998 (NSW) ss 8, 69 Local Court Act 2007 (NSW) s 39

Cases cited: Ebert v The Union Trustee Company of Australia Limited (1960) 104 CLR 346 Guss v Johnstone (2000) 171 ALR 598 Ramsay Healthcare Australia Pty Limited v Compton [2016] FCAFC 125 Young v Cooke [2013] NSWCA 79 Young v Cooke [2016] NSWSC 408

Date of hearing: 15 September 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: No Catchwords

Number of paragraphs: 39

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondents: Mr D Stewart

Solicitor for the Respondents: Chapman Thackeray

ORDERS NSD 496 of 2016

BETWEEN: GARY YOUNG Applicant

AND: BILL COOKE First Respondent

HELENA COOKE Second Respondent

JUDGE: RARES J DATE OF ORDER: 15 SEPTEMBER 2016

THE COURT ORDERS THAT:

1. The order made by the Registrar on 27 April 2016 be amended by adding order 8 as follows: 8. Pursuant to s 41(6A) of the Bankruptcy Act 1966 (Cth) and r 3.03 of the Federal Court (Bankruptcy) Rules 2005, the time for compliance by the applicant, with the requirements of the Bankruptcy Notice No. 189043, is extended up to and including the hearing of the application by a judge. 2. The application be dismissed. 3. The time for compliance with Bankruptcy Notice No. 189043 be extended, up to and including, 6 October 2016. 4. The applicant pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.