Re Langridge, Carol Ann Ex Parte Bennett, Carroll & Gibbons [1998] FCA 879

Re Langridge, Carol Ann Ex Parte Bennett, Carroll & Gibbons [1998] FCA 879

Although Kiefel J preferred the reasoning in Re Hibbard and Re Agushi and had difficulty treating the slip-rule as correcting a party's error rather than the Court's unintended error, her Honour followed the considered and unanimous Full Court decision in Elyard and corrected the order made on 9 April 1998 by adding an order extending the petition's lapse period to twenty four months from presentation.

Jurisdiction
Australia
Judgment Date
24 July 1998
Procedural Posture
Bankruptcy Creditor's Petition / Application by Petitioning Creditor for Order Extending Time for Hearing of Petition Under O 35 R 7 Federal Court Rules
Outcome
Application granted; earlier order corrected and petition adjourned with directions.
Legal Topics
["creditor's Petition" 'lapse of Bankruptcy Petition' 'slip Rule' 'extension of Time' 'adjournment' 'mediation Directions']
['bankruptcy' 'civil Procedure'] ["creditor's Petition" 'lapse of Bankruptcy Petition' 'slip Rule' 'extension of Time' 'adjournment' 'mediation Directions']

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Procedural Posture

Bankruptcy Creditor's Petition / Application by Petitioning Creditor for Order Extending Time for Hearing of Petition Under O 35 R 7 Federal Court Rules

Legal Issues

  1. 1 ['Whether the Court could use O 35 r 7 Federal Court Rules to correct an earlier adjournment order by adding an order extending the period before the bankruptcy petition lapsed under s 52(4) Bankruptcy Act 1966.' "Whether the petitioning creditor's failure to seek an extension before the petition lapsed could be remedied after the lapse of the petition."]

Ratio Decidendi

Although Kiefel J preferred the reasoning in Re Hibbard and Re Agushi and had difficulty treating the slip-rule as correcting a party's error rather than the Court's unintended error, her Honour followed the considered and unanimous Full Court decision in Elyard and corrected the order made on 9 April 1998 by adding an order extending the petition's lapse period to twenty four months from presentation.

Court Disposition

Application granted; earlier order corrected and petition adjourned with directions.

Orders

  • ['The period at the expiration of which the Petition will lapse will be twenty four months from the date of presentation of the petition.' 'Adjourn the hearing of the Petition to 16 and 17 December 1998.' 'The parties attend mediation by 30 October 1998 and each of the parties advise the Deputy Registrar, in...