Re Simpson, J.C. v. Ex parte Stevenson, J. [1985] FCA 423

Re Simpson, J.C. v. Ex parte Stevenson, J. [1985] FCA 423

There is no substance to the claim that Neaves J. wrongly exercised his discretion; failure to comply with the bankruptcy notice constituted an act of bankruptcy, and it is permissible for a creditor to amend the petition or for substitution provided another debt exists. Withdrawing an application for leave to appeal does not require leave of the Court under the Federal Court Rules Order 22, rule 2(1)(a) or (b).

Parties
Debtor: John Cameron Simpson; Petitioning Creditor: Jill Stevenson
Jurisdiction
Australia
Judgment Date
30 August 1985
Procedural Posture
Application for Leave to Appeal / Interlocutory
Outcome
Application for leave to appeal withdrawn
Legal Topics
Amendment of Petition, Leave to Appeal, Withdrawal of Application, Discontinuance
Bankruptcy Practice and Procedure Amendment of Petition Leave to Appeal Withdrawal of Application Discontinuance

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Parties

John Cameron Simpson

Debtor

Jill Stevenson

Petitioning Creditor

Procedural Posture

Application for Leave to Appeal / Interlocutory

Legal Issues

  1. 1 Whether Neaves J. wrongly exercised discretion in permitting amendment of bankruptcy petition
  2. 2 Whether leave of the Court is required to withdraw an application for leave to appeal

Ratio Decidendi

There is no substance to the claim that Neaves J. wrongly exercised his discretion; failure to comply with the bankruptcy notice constituted an act of bankruptcy, and it is permissible for a creditor to amend the petition or for substitution provided another debt exists. Withdrawing an application for leave to appeal does not require leave of the Court under the Federal Court Rules Order 22, rule 2(1)(a) or (b).

Court Disposition

Application for leave to appeal withdrawn

Orders

  • If the debtor files a notice of discontinuance, he will become liable to pay the petitioning creditor's costs unless the Court otherwise orders