Re Young, P. v. Ex parte Smith W.R. & Anor [1985] FCA 75

Re Young, P. v. Ex parte Smith W.R. & Anor [1985] FCA 75

Paragraph 33(1)(c) of the Bankruptcy Act 1966 does not empower the Court to extend the period after which a creditor's petition will lapse if the period of twelve months from presentation has expired before the Court is asked to extend it; the Court's power to extend is limited to applications made before expiry of that twelve month period.

Parties
Debtor: Paul Young; Creditor: William Richard Smith trading as Cornelius Smith House Movers
Jurisdiction
Australia
Judgment Date
04 April 1985
Procedural Posture
Bankruptcy / Question of Law Reserved for Full Court
Outcome
Court has no power to extend after expiry of twelve months from presentation under para. 33(1)(c).
Legal Topics
Extension of Period for Creditor's Petition, Powers of Court Under Bankruptcy Act 1966 S 33(1)(c), Requirements for Certainty of Extant Petition
Bankruptcy Extension of Period for Creditor's Petition Powers of Court Under Bankruptcy Act 1966 S 33(1)(c) Requirements for Certainty of Extant Petition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Paul Young

Debtor

William Richard Smith trading as Cornelius Smith House Movers

Creditor

Procedural Posture

Bankruptcy / Question of Law Reserved for Full Court

Legal Issues

  1. 1 Whether the Court has power to extend the period after which a creditor's petition will lapse if the initial twelve month period has expired before the application for extension is made
  2. 2 Whether para. 33(1)(c) of the Bankruptcy Act 1966 applies to such extensions

Ratio Decidendi

Paragraph 33(1)(c) of the Bankruptcy Act 1966 does not empower the Court to extend the period after which a creditor's petition will lapse if the period of twelve months from presentation has expired before the Court is asked to extend it; the Court's power to extend is limited to applications made before expiry of that twelve month period.

Court Disposition

Court has no power to extend after expiry of twelve months from presentation under para. 33(1)(c).

Orders

  • Costs of the hearing before the Full Court are to be costs in the petition.