Re; John William Cavanagh Ex Parte WEA Records Pty Ltd [1984] FCA 410

Re; John William Cavanagh Ex Parte WEA Records Pty Ltd [1984] FCA 410

The Court had jurisdiction under s.33(1)(c) of the Bankruptcy Act 1966 to extend the time at which the creditor's petition would lapse even after the 12 month period in s.52(4) had expired, because s.52(5) did not expressly provide to the contrary. As the debtor had committed the alleged act of bankruptcy and the matters required by s.52(1) were proved, the petition period was extended and a sequestration order was made.

Jurisdiction
Australia
Judgment Date
14 December 1984
Procedural Posture
Bankruptcy Creditor's Petition / Hearing of Petition; Application to Extend Time After Apparent Lapse and for Sequestration Order
Outcome
Time extended and sequestration order made.
Legal Topics
["creditor's Petition" 'lapse of Petition' 'extension of Time' 'sequestration Order']
['bankruptcy'] ["creditor's Petition" 'lapse of Petition' 'extension of Time' 'sequestration Order']

Case Brief

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Procedural Posture

Bankruptcy Creditor's Petition / Hearing of Petition; Application to Extend Time After Apparent Lapse and for Sequestration Order

Legal Issues

  1. 1 ["Whether the Court had power to extend the period at the expiration of which a creditor's petition would lapse after the 12 month period from presentation had already expired." 'Whether a sequestration order should be made on the petition.']

Ratio Decidendi

The Court had jurisdiction under s.33(1)(c) of the Bankruptcy Act 1966 to extend the time at which the creditor's petition would lapse even after the 12 month period in s.52(4) had expired, because s.52(5) did not expressly provide to the contrary. As the debtor had committed the alleged act of bankruptcy and the matters required by s.52(1) were proved, the petition period was extended and a sequestration order was made.

Court Disposition

Time extended and sequestration order made.

Orders

  • ['The period at the expiration of which the petition will lapse be extended to 6 November 1985.' 'A sequestration order be made.' 'The costs of the petitioning creditor, including all reserved costs, be paid out of the estate of the debtor.' 'The petitioning creditor, pursuant to r.12d(2), deliver to the Registrar...