Streimer, Bettina v Tamas, Janos Istvan [1981] FCA 140

Streimer, Bettina v Tamas, Janos Istvan [1981] FCA 140

The appeal was dismissed because the Court held that McGregor J. had power to make the orders extending time for compliance with the bankruptcy notice. Deane and Ellicott JJ held that, once one of the express conditions in s.41(6A) had been satisfied before the expiration of the time fixed for compliance, the statute conferred power in general terms to extend time and did not require the extension order itself to be made before expiry. Sheppard J agreed in the result, holding on the special facts that the Court's inherent power to correct an accidental omission supported treating the adjournment as not defeating the intended continuation of time.

Jurisdiction
Australia
Judgment Date
21 August 1981
Procedural Posture
Bankruptcy Appeal / Appeal From a Single Judge of the Federal Court of Australia Against an Order Extending Time for Compliance With a Bankruptcy Notice
Outcome
Appeal dismissed with costs.
Legal Topics
['bankruptcy Notice' 'extension of Time' 'act of Bankruptcy' 'jurisdiction Under S.41(6 A) of the Bankruptcy Act, 1966']
['bankruptcy Law'] ['bankruptcy Notice' 'extension of Time' 'act of Bankruptcy' 'jurisdiction Under S.41(6 A) of the Bankruptcy Act, 1966']

Case Brief

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Procedural Posture

Bankruptcy Appeal / Appeal From a Single Judge of the Federal Court of Australia Against an Order Extending Time for Compliance With a Bankruptcy Notice

Legal Issues

  1. 1 ['Whether s.41(6A) of the Bankruptcy Act, 1966 conferred jurisdiction to extend the time for compliance with a bankruptcy notice after the originally fixed time and previous extensions had expired.' 'Whether an extension of time granted after expiry would be futile because an act of bankruptcy had already been committed.' 'Whether, on the facts considered by Sheppard J., the Court could treat the adjournment on 6 April 1981 as involving correction of an accidental omission to extend time.']

Ratio Decidendi

The appeal was dismissed because the Court held that McGregor J. had power to make the orders extending time for compliance with the bankruptcy notice. Deane and Ellicott JJ held that, once one of the express conditions in s.41(6A) had been satisfied before the expiration of the time fixed for compliance, the statute conferred power in general terms to extend time and did not require the extension order itself to be made before expiry. Sheppard J agreed in the result, holding on the special facts that the Court's inherent power to correct an accidental omission supported treating the adjournment as not defeating the intended continuation of time.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']