Conway v Jackson [2001] FCA 230

Conway v Jackson [2001] FCA 230

The Full Court found that the phrase 'proceedings to set aside the judgment or order' in s 41(6A) does include an appeal aiming to set aside the judgment; therefore, the primary judge correctly exercised the power to extend time for compliance with the bankruptcy notice, and the appeal must be dismissed.

Parties
Appellant: Denise Conway; Respondent: Alan Jackson
Jurisdiction
Australia
Judgment Date
16 March 2001
Procedural Posture
Appeal / Judgment (federal Court of Australia, Full Court)
Outcome
appeal dismissed
Legal Topics
Appeal as 'proceedings to Set Aside Judgment' Under S 41(6 A) Bankruptcy Act 1966, Extension of Time for Compliance With Bankruptcy Notice, Discretion Under S 41(6 A) and S 41(6 C) Bankruptcy Act 1966
Bankruptcy Appeal as 'proceedings to Set Aside Judgment' Under S 41(6 A) Bankruptcy Act 1966 Extension of Time for Compliance With Bankruptcy Notice Discretion Under S 41(6 A) and S 41(6 C) Bankruptcy Act 1966

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Parties

Denise Conway

Appellant

Alan Jackson

Respondent

Procedural Posture

Appeal / Judgment (federal Court of Australia, Full Court)

Legal Issues

  1. 1 Does the expression 'proceedings to set aside the judgment or order' in s 41(6A) of the Bankruptcy Act 1966 (Cth) include an appeal from the decision in which the judgment was given, for purposes of extending time to comply with a bankruptcy notice?

Ratio Decidendi

The Full Court found that the phrase 'proceedings to set aside the judgment or order' in s 41(6A) does include an appeal aiming to set aside the judgment; therefore, the primary judge correctly exercised the power to extend time for compliance with the bankruptcy notice, and the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay to the respondent costs of the appeal to be taxed.