Savage, Re P. Savage, Ex Parte P. v Castlemaine Tooheys [1986] FCA 657

Savage, Re P. Savage, Ex Parte P. v Castlemaine Tooheys [1986] FCA 657

Because the debtors had instituted proceedings to set aside the Supreme Court judgment before the time fixed for compliance with the bankruptcy notices, the Court had power under s.41(6A) of the Bankruptcy Act 1966 to extend time. The appeal appeared bona fide and counsel who appeared at trial had advised that there were reasonable prospects of success, so an extension was justified to avoid an act of bankruptcy occurring before the appeal was determined.

Jurisdiction
Australia
Judgment Date
18 November 1986
Procedural Posture
Bankruptcy Application / Application to Extend Time for Compliance With Bankruptcy Notice No.1780 of 1986 Pending the Hearing of an Appeal in the Supreme Court of Queensland
Outcome
Application granted.
Legal Topics
['extension of Time for Compliance With Bankruptcy Notice' 'effect of Pending Appeal Against Judgment Debt' 'power Under Bankruptcy Act 1966 S.41(6 A)' 'bona Fide Appeal and Prospects of Success']
['bankruptcy' 'civil Procedure' 'appeals'] ['extension of Time for Compliance With Bankruptcy Notice' 'effect of Pending Appeal Against Judgment Debt' 'power Under Bankruptcy Act 1966 S.41(6 A)' 'bona Fide Appeal and Prospects of Success']

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Procedural Posture

Bankruptcy Application / Application to Extend Time for Compliance With Bankruptcy Notice No.1780 of 1986 Pending the Hearing of an Appeal in the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether the Court had power after the expiration of the time fixed for compliance with a bankruptcy notice to extend time for compliance.' "Whether the debtors' appeal against the Supreme Court judgment founding the bankruptcy notice was bona fide and had some prospects of success so as to justify an extension of time."]

Ratio Decidendi

Because the debtors had instituted proceedings to set aside the Supreme Court judgment before the time fixed for compliance with the bankruptcy notices, the Court had power under s.41(6A) of the Bankruptcy Act 1966 to extend time. The appeal appeared bona fide and counsel who appeared at trial had advised that there were reasonable prospects of success, so an extension was justified to avoid an act of bankruptcy occurring before the appeal was determined.

Court Disposition

Application granted.

Orders

  • ['The time for compliance with the bankruptcy notice be extended until further order.' "Liberty reserved to either party to apply to the Registrar for relisting of the application on a day which will permit the giving of seven days' notice to the other party."]