Valassis v Bernard [2001] FCA 477

Valassis v Bernard [2001] FCA 477

The judgment debtor was clearly solvent, with real estate assets of around $3.3 million and mortgages of $750,000, and had made no attempt to raise the small amount required to comply with the condition. Although some allowance was made for the Easter break, there was no basis to revisit Bell J's decision or to grant an open-ended indulgence. A final short extension to 26 April 2001 was therefore granted, liberty to apply was removed, and the judgment debtor was ordered to pay the costs of the hearing.

Jurisdiction
Australia
Judgment Date
19 April 2001
Procedural Posture
Bankruptcy Proceeding Concerning Extension of Time for Compliance With Bankruptcy Notice / Application to Vary Previous Extension Order and Reconsider Condition for Payment Into Solicitor's Trust Account
Outcome
Further short extension of time granted; liberty to apply omitted; judgment debtor ordered to pay costs of the hearing.
Legal Topics
['extension of Time for Compliance With Bankruptcy Notice' 'conditional Extension' "judgment Debtor's Solvency" 'costs of Hearing']
['bankruptcy' 'insolvency' 'civil Procedure'] ['extension of Time for Compliance With Bankruptcy Notice' 'conditional Extension' "judgment Debtor's Solvency" 'costs of Hearing']

Case Brief

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Procedural Posture

Bankruptcy Proceeding Concerning Extension of Time for Compliance With Bankruptcy Notice / Application to Vary Previous Extension Order and Reconsider Condition for Payment Into Solicitor's Trust Account

Legal Issues

  1. 1 ['Whether the time for compliance with the condition attached to the extension of time for compliance with the Bankruptcy Notice should be further extended.' 'Whether the bankruptcy court should revisit the merits of the costs dispute already dealt with by Bell J.' "Whether the judgment debtor's asserted lack of cash justified further time to comply with the payment condition."]

Ratio Decidendi

The judgment debtor was clearly solvent, with real estate assets of around $3.3 million and mortgages of $750,000, and had made no attempt to raise the small amount required to comply with the condition. Although some allowance was made for the Easter break, there was no basis to revisit Bell J's decision or to grant an open-ended indulgence. A final short extension to 26 April 2001 was therefore granted, liberty to apply was removed, and the judgment debtor was ordered to pay the costs of the hearing.

Court Disposition

Further short extension of time granted; liberty to apply omitted; judgment debtor ordered to pay costs of the hearing.

Orders

  • ['Order 1 made on 10 April 2001 be varied by substituting for 19 April 2001, the date of 26 April 2001.' 'The reservation of liberty to apply in Order 4, made on 10 April 2001, be omitted.' "The judgment debtor pay the costs of today's hearing."]