Re Pahl, D.J. v. Ex parte Pahl, D.J. [1994] FCA 1026

Re Pahl, D.J. v. Ex parte Pahl, D.J. [1994] FCA 1026

The bankruptcy notice was not set aside as an act of bankruptcy had already been committed by non-compliance, and no proper submissions were made for an extension of time.

Jurisdiction
Australia
Judgment Date
16 December 1994
Procedural Posture
Application / Application to Set Aside Bankruptcy Notice and for Extension of Time
Outcome
Application to set aside bankruptcy notice dismissed.
Legal Topics
['bankruptcy Notice' 'setting Aside Judgment Debt' 'extension of Time to Comply With Bankruptcy Notice']
['bankruptcy'] ['bankruptcy Notice' 'setting Aside Judgment Debt' 'extension of Time to Comply With Bankruptcy Notice']

Case Brief

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Procedural Posture

Application / Application to Set Aside Bankruptcy Notice and for Extension of Time

Legal Issues

  1. 1 ['Whether the bankruptcy notice should be set aside after the underlying judgment debt was set aside' 'Whether an extension of time for compliance with the bankruptcy notice should be granted']

Ratio Decidendi

The bankruptcy notice was not set aside as an act of bankruptcy had already been committed by non-compliance, and no proper submissions were made for an extension of time.

Court Disposition

Application to set aside bankruptcy notice dismissed.

Orders

  • ['The application to set aside the bankruptcy notice is dismissed.' "The debtor is to pay the creditors' costs of and incidental to the application, to be taxed."]