Johnstone, Raymond v Guss, Joseph [1997] FCA 570

Johnstone, Raymond v Guss, Joseph [1997] FCA 570

Section 41(7) had operated only to extend the time for compliance with the bankruptcy notice until 30 May 1997. Because the demand was not met by the close of that day, the judgment debtor committed an act of bankruptcy, and staying the declaration made on 30 May would not undo that act or further extend the time for compliance.

Jurisdiction
Australia
Judgment Date
01 July 1997
Procedural Posture
Bankruptcy / Application Under Order 52 Rule 17 for a Stay of Orders Pending Appeal to the Full Court
Outcome
Application dismissed.
Legal Topics
['bankruptcy Notice' 'cross Demand' 'act of Bankruptcy' 'stay Pending Appeal' 'sequestration Petition']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'cross Demand' 'act of Bankruptcy' 'stay Pending Appeal' 'sequestration Petition']

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Procedural Posture

Bankruptcy / Application Under Order 52 Rule 17 for a Stay of Orders Pending Appeal to the Full Court

Legal Issues

  1. 1 ["Whether the orders made on 30 May 1997 should be stayed pending the judgment debtor's appeal." 'Whether a stay of the declaration made on 30 May 1997 would extend the time for compliance with the bankruptcy notice or undo the act of bankruptcy.']

Ratio Decidendi

Section 41(7) had operated only to extend the time for compliance with the bankruptcy notice until 30 May 1997. Because the demand was not met by the close of that day, the judgment debtor committed an act of bankruptcy, and staying the declaration made on 30 May would not undo that act or further extend the time for compliance.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']