Ramsay Health Care Australia Pty Ltd v Compton (No 3) [2016] FCA 954

An order under s 52(5) of the Bankruptcy Act 1966 (Cth) cannot be made after the expiry of the statutory 12 month period commencing on the date of presentation of the creditor’s petition.

Jurisdiction: Australia
Judgment Date: 11 August 2016
Procedural Posture: Interlocutory Application / Application for Extension of Period Under S 52(5) of the Bankruptcy Act 1966 (cth)
Outcome: interlocutory application dismissed
Legal Topics: ["extension of Period for Creditor's Petition" 'lapse of Bankruptcy Petition']

['bankruptcy' 'insolvency'] ["extension of Period for Creditor's Petition" 'lapse of Bankruptcy Petition']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Extension of Period Under S 52(5) of the Bankruptcy Act 1966 (cth)

Legal Issues

1 ['Whether court may extend period for lapse of bankruptcy petition after expiry of statutory 12 month period under s 52(5) of Bankruptcy Act']

Ratio Decidendi

An order under s 52(5) of the Bankruptcy Act 1966 (Cth) cannot be made after the expiry of the statutory 12 month period commencing on the date of presentation of the creditor’s petition.

Court Disposition

interlocutory application dismissed

Orders

['The interlocutory application be dismissed.']