Re Cairns, Graham Ex parte the abovenamed and Chubbs Panel and Paint Service [1983] FCA 421

Re Cairns, Graham Ex parte the abovenamed and Chubbs Panel and Paint Service [1983] FCA 421

The debtor's applications were dismissed because the notice disputing the validity of the bankruptcy notice was not given within the time specified, the statutory requirements for extending time were not satisfied, and there was no power to extend the time after the act of bankruptcy had been committed.

Parties
Debtor: Graham Cairns; Creditor: Chubb's Panel and Paint Service
Jurisdiction
Australia
Judgment Date
26 May 1983
Procedural Posture
Bankruptcy / Application to Set Aside Bankruptcy Notice and for Extension of Time
Outcome
applications dismissed
Legal Topics
Bankruptcy Notice Validity, Extension of Time, Costs of Judgment
Bankruptcy Bankruptcy Notice Validity Extension of Time Costs of Judgment

Case Brief

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Parties

Graham Cairns

Debtor

Chubb's Panel and Paint Service

Creditor

Procedural Posture

Bankruptcy / Application to Set Aside Bankruptcy Notice and for Extension of Time

Legal Issues

  1. 1 Whether the bankruptcy notice is invalid due to the amount specified exceeding the amount in fact due
  2. 2 Whether time for giving notice disputing the bankruptcy notice could be extended after the period for compliance had expired

Ratio Decidendi

The debtor's applications were dismissed because the notice disputing the validity of the bankruptcy notice was not given within the time specified, the statutory requirements for extending time were not satisfied, and there was no power to extend the time after the act of bankruptcy had been committed.

Court Disposition

applications dismissed

Orders

  • The debtor's applications are dismissed.
  • The debtor must pay the creditor's taxed costs of these proceedings.