Hamilton v Inspector-General in Bankruptcy [2009] FCA 592

Hamilton v Inspector-General in Bankruptcy [2009] FCA 592

It is just and appropriate to grant the application for an extension of time within which to apply for extension of registration, as the failure to apply was due to oversight, there was no practical injustice to others, and refusal could cause unnecessary hardship and disruption.

Jurisdiction
Australia
Judgment Date
02 June 2009
Procedural Posture
Application / Judgment/orders on Extension of Time Application
Outcome
Application granted
Legal Topics
['extension of Time' 'trustee Registration' 'bankruptcy Act 1966 (cth) S 33(1)(c) and S 155 D']
['bankruptcy'] ['extension of Time' 'trustee Registration' 'bankruptcy Act 1966 (cth) S 33(1)(c) and S 155 D']

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Procedural Posture

Application / Judgment/orders on Extension of Time Application

Legal Issues

  1. 1 ['Whether an extension of time should be granted to the applicant to apply to extend his registration as a trustee in bankruptcy under s 33(1)(c) of the Bankruptcy Act 1966 (Cth)']

Ratio Decidendi

It is just and appropriate to grant the application for an extension of time within which to apply for extension of registration, as the failure to apply was due to oversight, there was no practical injustice to others, and refusal could cause unnecessary hardship and disruption.

Court Disposition

Application granted

Orders

  • ['Time provided by s 155D(1)(a) of the Bankruptcy Act 1966 (Cth) for the applicant to apply to the respondent to extend his registration as a trustee in bankruptcy is extended to 5 June 2009.' "Upon the respondent extending the applicant's registration as a trustee such registration will be renewed with effect from...