Watson, L.A. v Bottoms English [1995] FCA 157

Watson, L.A. v Bottoms English [1995] FCA 157

The application to extend time was wholly reasonable and appropriate because the bankruptcy notice demanded $61,199.59, the judgment debt was under appeal, the Court would not have made a sequestration order while the judgment was under attack, and it was unrealistic to expect Mr. Watson to pay the demanded sum or commit an act of bankruptcy in reliance on no consequences following. Mr. Goodfellow was therefore ordered to pay Mr. Watson's costs of the extension application.

Jurisdiction
Australia
Judgment Date
16 March 1995
Procedural Posture
Bankruptcy Application Concerning Extension of Time to Comply With a Bankruptcy Notice and Costs / Costs Determination After the Court of Appeal Set Aside the Original Judgment Debt and Substituted a Lesser Judgment
Outcome
Stephen Frederick Goodfellow was ordered to pay Raymond Eric Watson's costs of and incidental to the application to extend time to comply with the bankruptcy notice.
Legal Topics
['bankruptcy Notice' 'extension of Time to Comply With Bankruptcy Notice' 'sequestration Order' 'appeal Against Judgment Debt' 'costs of Application']
['bankruptcy' 'costs'] ['bankruptcy Notice' 'extension of Time to Comply With Bankruptcy Notice' 'sequestration Order' 'appeal Against Judgment Debt' 'costs of Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Application Concerning Extension of Time to Comply With a Bankruptcy Notice and Costs / Costs Determination After the Court of Appeal Set Aside the Original Judgment Debt and Substituted a Lesser Judgment

Legal Issues

  1. 1 ["Whether the judgment debtor's application for an extension of time to comply with the bankruptcy notice was necessary or reasonable while an appeal against the judgment debt was pending." 'What order should be made for the costs of the application to extend time to comply with the bankruptcy notice.']

Ratio Decidendi

The application to extend time was wholly reasonable and appropriate because the bankruptcy notice demanded $61,199.59, the judgment debt was under appeal, the Court would not have made a sequestration order while the judgment was under attack, and it was unrealistic to expect Mr. Watson to pay the demanded sum or commit an act of bankruptcy in reliance on no consequences following. Mr. Goodfellow was therefore ordered to pay Mr. Watson's costs of the extension application.

Court Disposition

Stephen Frederick Goodfellow was ordered to pay Raymond Eric Watson's costs of and incidental to the application to extend time to comply with the bankruptcy notice.

Orders

  • ["Stephen Frederick Goodfellow pay the applicant, Raymond Eric Watson's costs of and incidental to the application to extend the time to comply with the bankruptcy notice including the reserved costs, if any, of such application to be taxed, if not agreed."]