Gordon O. v Commonwealth Bank of Australia [1995] FCA 784

Gordon O. v Commonwealth Bank of Australia [1995] FCA 784

Given that both paragraphs (a) and (b) of s.41(6A) Bankruptcy Act 1966 (Cth) are satisfied and the appeal has been instituted bona fide and prosecuted diligently, it is fair and just to extend the time for compliance with the bankruptcy notice.

Parties
Debtor/applicant: Osborne Gordon; Creditor/respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
18 July 1995
Procedural Posture
Appeal From Registrar's Decision Bankruptcy / Hearing and Judgment on Appeal Regarding Extension of Time for Bankruptcy Notice Compliance
Outcome
Order of the Registrar set aside. Time for compliance with the bankruptcy notice is extended.
Legal Topics
Extension of Time for Compliance With Bankruptcy Notice, Discretion Under S.41(6 A) Bankruptcy Act 1966 (cth)
Bankruptcy Extension of Time for Compliance With Bankruptcy Notice Discretion Under S.41(6 A) Bankruptcy Act 1966 (cth)

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Parties

Osborne Gordon

Debtor/applicant

Commonwealth Bank of Australia

Creditor/respondent

Procedural Posture

Appeal From Registrar's Decision Bankruptcy / Hearing and Judgment on Appeal Regarding Extension of Time for Bankruptcy Notice Compliance

Legal Issues

  1. 1 Whether time for compliance with the bankruptcy notice should be extended under s.41(6A) Bankruptcy Act 1966 (Cth)
  2. 2 Whether proceedings to set aside judgment or the bankruptcy notice have been instituted bona fide and are being prosecuted with due diligence

Ratio Decidendi

Given that both paragraphs (a) and (b) of s.41(6A) Bankruptcy Act 1966 (Cth) are satisfied and the appeal has been instituted bona fide and prosecuted diligently, it is fair and just to extend the time for compliance with the bankruptcy notice.

Court Disposition

Order of the Registrar set aside. Time for compliance with the bankruptcy notice is extended.

Orders

  • Set aside the order of the Registrar.
  • Time for compliance with the bankruptcy notice extended to 14 days after the handing down of the judgment in the Supreme Court appeal.