RE Howell, Gordon Raymond EX PARTE Deputy Commissioner of Taxation [1996] FCA 1027

RE Howell, Gordon Raymond EX PARTE Deputy Commissioner of Taxation [1996] FCA 1027

The court may retrospectively extend the period for which a creditor’s petition will lapse under s 52(5) of the Bankruptcy Act 1966 using its inherent or implied power to correct errors under the slip rule, even after the expiration of the statutory period, where the omission was inadvertent and justice so requires.

Jurisdiction
Australia
Judgment Date
14 November 1996
Procedural Posture
Bankruptcy / Application to Extend Period Before Petition Lapses; Review of Registrar's Orders
Outcome
Application granted; period for petition to lapse extended; petition stood over; no order as to costs.
Legal Topics
['slip Rule' 'extension of Time' 'bankruptcy Petition' 'inherent Power of the Court']
['bankruptcy'] ['slip Rule' 'extension of Time' 'bankruptcy Petition' 'inherent Power of the Court']

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Procedural Posture

Bankruptcy / Application to Extend Period Before Petition Lapses; Review of Registrar's Orders

Legal Issues

  1. 1 ["Whether the court can extend the period for lapse of a creditor's petition after the statutory period has expired due to inadvertence using the slip rule" 'Whether the absence of an express slip rule in the Bankruptcy Rules precludes such relief']

Ratio Decidendi

The court may retrospectively extend the period for which a creditor’s petition will lapse under s 52(5) of the Bankruptcy Act 1966 using its inherent or implied power to correct errors under the slip rule, even after the expiration of the statutory period, where the omission was inadvertent and justice so requires.

Court Disposition

Application granted; period for petition to lapse extended; petition stood over; no order as to costs.

Orders

  • ['The period at the expiration of which the petition will lapse is extended to 24 months from the date of presentation of the petition, nunc pro tunc from 9 August 1996.' 'The proceeding is stood over until 13 March 1997.' 'Either party may restore the proceeding on seven days notice.']