RE Sarroff, John EX PARTE Deputy Commissioner Of Taxation [1996] FCA 999
There is no reasonable likelihood of success in the Court of Appeal motion to stay the District Court judgment; no bona fide defence has been shown to the Commissioner's claim. Therefore, there is no basis to further extend the time for compliance with the bankruptcy notice, and the application for extension is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 08 October 1996
- Procedural Posture
- Bankruptcy Application / Application for Extension of Time to Comply With Bankruptcy Notice
- Outcome
- application dismissed
- Legal Topics
- ['stay of Bankruptcy Notice' 'extension of Time' 'appeal Against Default Judgment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Application / Application for Extension of Time to Comply With Bankruptcy Notice
Legal Issues
- 1 ['Whether the applicant is entitled to an extension of time to comply with the bankruptcy notice under s 41(6A) of the Bankruptcy Act 1966' "Whether there is a reasonable likelihood of success on the applicant's motion in the Court of Appeal to stay the District Court judgment"]
Ratio Decidendi
There is no reasonable likelihood of success in the Court of Appeal motion to stay the District Court judgment; no bona fide defence has been shown to the Commissioner's claim. Therefore, there is no basis to further extend the time for compliance with the bankruptcy notice, and the application for extension is dismissed.
Court Disposition
application dismissed
Orders
- ['The application for extension of time is dismissed.' "The applicant pay the respondent's costs."]
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