Jackson, in the matter of Conway v Conway [2000] FCA 1530

Jackson, in the matter of Conway v Conway [2000] FCA 1530

A bankruptcy notice is not improperly issued by claiming statutory interest on the whole judgment debt (inclusive of pre-judgment interest), and interest is payable only on the judgment sum, not on interest itself, per s 85 District Court Act. An appeal is accepted as a proceeding to set aside a judgment for purposes of extension of time under s 41(6A) Bankruptcy Act, and where stay is granted on appeal, an extension of time for compliance with the bankruptcy notice is appropriate.

Parties
Applicant: Alan Jackson; Respondent: Denise Conway
Jurisdiction
Australia
Judgment Date
31 October 2000
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice or Extend Time for Compliance
Outcome
Application to set aside the bankruptcy notice dismissed; extension of time for compliance granted.
Legal Topics
Bankruptcy Notice, Interest on Judgment Debt, Extension of Time for Compliance, Supplementary Submissions
Bankruptcy Practice and Procedure Bankruptcy Notice Interest on Judgment Debt Extension of Time for Compliance Supplementary Submissions

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Parties

Alan Jackson

Applicant

Denise Conway

Respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice or Extend Time for Compliance

Legal Issues

  1. 1 Whether the bankruptcy notice improperly claimed interest on interest.
  2. 2 Whether an appeal is a proceeding to set aside a judgment under s 41(6A) Bankruptcy Act 1966 (Cth).
  3. 3 Whether time for compliance with the bankruptcy notice should be extended.

Ratio Decidendi

A bankruptcy notice is not improperly issued by claiming statutory interest on the whole judgment debt (inclusive of pre-judgment interest), and interest is payable only on the judgment sum, not on interest itself, per s 85 District Court Act. An appeal is accepted as a proceeding to set aside a judgment for purposes of extension of time under s 41(6A) Bankruptcy Act, and where stay is granted on appeal, an extension of time for compliance with the bankruptcy notice is appropriate.

Court Disposition

Application to set aside the bankruptcy notice dismissed; extension of time for compliance granted.

Orders

  • The application to set aside the bankruptcy notice is dismissed.
  • The time for compliance with the bankruptcy notice is extended until ten (10) days after the hearing and determination or earlier disposition by the Court of Appeal of the Supreme Court of New South Wales of the appeal in matter No CA 40495 of 2000, or further order.