Re Batton, Robert William Ex Parte Associated Midland Corp Ltd [1983] FCA 415

Re Batton, Robert William Ex Parte Associated Midland Corp Ltd [1983] FCA 415

Justice requires that the debtor's application to extend time for compliance with bankruptcy notice be dismissed and previous extension terminated, so if the creditor presents a petition for sequestration, it may rely on the act of bankruptcy committed unless debtor complies with notice requirements.

Parties
Debtor: Robert William Batton; Creditor: Associated Midland Corporation Limited
Jurisdiction
Australia
Judgment Date
16 December 1983
Procedural Posture
Bankruptcy Proceeding / Application to Set Aside Bankruptcy Notice and Extend Time for Compliance
Outcome
Application of debtor to set aside bankruptcy notice and for extension dismissed; extension granted until 30 December 1983; costs stood over.
Legal Topics
Bankruptcy Notice, Stay of Execution, Act of Bankruptcy, Discretion on Sequestration Orders
Bankruptcy Bankruptcy Notice Stay of Execution Act of Bankruptcy Discretion on Sequestration Orders

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Parties

Robert William Batton

Debtor

Associated Midland Corporation Limited

Creditor

Procedural Posture

Bankruptcy Proceeding / Application to Set Aside Bankruptcy Notice and Extend Time for Compliance

Legal Issues

  1. 1 Whether to grant further extension for compliance with bankruptcy notice
  2. 2 Whether to set aside the bankruptcy notice
  3. 3 Whether to dismiss the debtor's application

Ratio Decidendi

Justice requires that the debtor's application to extend time for compliance with bankruptcy notice be dismissed and previous extension terminated, so if the creditor presents a petition for sequestration, it may rely on the act of bankruptcy committed unless debtor complies with notice requirements.

Court Disposition

Application of debtor to set aside bankruptcy notice and for extension dismissed; extension granted until 30 December 1983; costs stood over.

Orders

  • Time for compliance with bankruptcy notice 5293 of 1983 extended up to and including Friday, 30 December 1983.
  • Application of debtor filed on 2 December 1983 dismissed.