McWilliam, Bruce Scott v Palido Pty Ltd [1983] FCA 313

McWilliam, Bruce Scott v Palido Pty Ltd [1983] FCA 313

The debtor demonstrated a real or arguable question as to whether the default judgment should stand, including questions about whether the creditor had the benefit of the guarantee and whether correspondence amounted to admissions by the debtor. The Court therefore extended time for compliance with the Bankruptcy Notice for one month while keeping the matter under the Court's control to ensure diligence in any District Court application.

Jurisdiction
Australia
Judgment Date
03 November 1983
Procedural Posture
Bankruptcy / Application for Extension of Time for Compliance With Bankruptcy Notice No. B4272 of 1983
Outcome
Time for compliance with the Bankruptcy Notice extended; application adjourned; costs reserved.
Legal Topics
['extension of Time to Comply With Bankruptcy Notice' 'default Judgment' 'guarantee of Lease Covenants' 'assignment of Benefit of Guarantee']
['bankruptcy' 'civil Procedure' 'guarantees' 'leases'] ['extension of Time to Comply With Bankruptcy Notice' 'default Judgment' 'guarantee of Lease Covenants' 'assignment of Benefit of Guarantee']

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Procedural Posture

Bankruptcy / Application for Extension of Time for Compliance With Bankruptcy Notice No. B4272 of 1983

Legal Issues

  1. 1 ['Whether time for compliance with the Bankruptcy Notice should be extended.' 'Whether there was a real or arguable question as to whether the default judgment on which the Bankruptcy Notice was based should stand.' 'Whether the creditor was entitled to the benefit of the guarantee in Clause 11 of the Memorandum of Lease absent an express assignment.']

Ratio Decidendi

The debtor demonstrated a real or arguable question as to whether the default judgment should stand, including questions about whether the creditor had the benefit of the guarantee and whether correspondence amounted to admissions by the debtor. The Court therefore extended time for compliance with the Bankruptcy Notice for one month while keeping the matter under the Court's control to ensure diligence in any District Court application.

Court Disposition

Time for compliance with the Bankruptcy Notice extended; application adjourned; costs reserved.

Orders

  • ['The time for compliance by the debtor with the requirements of Bankruptcy Notice No. B4272 of 1983 issued by Palido Pty. Limited be extended up to and including 5 December, 1983.' 'The application is adjourned until 5 December, 1983.' 'Costs reserved.']