Re Arba, Giovanni Batista v St Martins Investments Pty Ltd [1982] FCA 62

Re Arba, Giovanni Batista v St Martins Investments Pty Ltd [1982] FCA 62

The petition was presented after the expiration of the six-month period following the act of bankruptcy; s.44(1)(c) does not prescribe nor allow any extension of this period, even if the last day falls on a Sunday; therefore, the petition must be dismissed.

Parties
Debtor: Giovanni Batista Arba; Petitioning Creditor: St. Martins Investments Pty Limited
Jurisdiction
Australia
Judgment Date
28 April 1982
Procedural Posture
Bankruptcy Petition / Judgment/order
Outcome
petition dismissed
Legal Topics
Act of Bankruptcy, Limitations Period, Presentation of Petition, Interpretation of Statutory Time Limits
Bankruptcy Act of Bankruptcy Limitations Period Presentation of Petition Interpretation of Statutory Time Limits

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Parties

Giovanni Batista Arba

Debtor

St. Martins Investments Pty Limited

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Judgment/order

Legal Issues

  1. 1 Whether a bankruptcy petition can be presented outside the six month period after the act of bankruptcy when the last day falls on a Sunday.
  2. 2 Whether s.36 of the Acts Interpretation Act 1901, Rule 202 of the Bankruptcy Rules, and/or s.33(1)(c) of the Bankruptcy Act 1966 permit extension or variation of the six-month period.

Ratio Decidendi

The petition was presented after the expiration of the six-month period following the act of bankruptcy; s.44(1)(c) does not prescribe nor allow any extension of this period, even if the last day falls on a Sunday; therefore, the petition must be dismissed.

Court Disposition

petition dismissed

Orders

  • The sequestration petition is dismissed.
  • The debtor pay the petitioning creditor's costs of and incidental to proceedings in this Court on 5 April 1982.