re Moss, L. ex parte Tyaraf Pty. Limited [1985] FCA 403

re Moss, L. ex parte Tyaraf Pty. Limited [1985] FCA 403

Section 33(1)(c) does not empower the Court to extend the six-month period specified in s. 44(1)(c) for presentation of a creditor's petition. The act of bankruptcy relied upon was committed outside the statutory period and the petition cannot be presented.

Jurisdiction
Australia
Judgment Date
23 August 1985
Procedural Posture
Bankruptcy Proceedings / Application for Extension of Time and Presentation of Creditor's Petition
Outcome
application dismissed
Legal Topics
['extension of Time' 'act of Bankruptcy' 'presentation of Petition']
['bankruptcy'] ['extension of Time' 'act of Bankruptcy' 'presentation of Petition']

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Procedural Posture

Bankruptcy Proceedings / Application for Extension of Time and Presentation of Creditor's Petition

Legal Issues

  1. 1 ['Whether the Court has power under s. 33(1)(c) Bankruptcy Act 1966 to extend the time referred to in s. 44(1)(c) for presenting a sequestration petition where the act of bankruptcy occurred more than 6 months before presentation']

Ratio Decidendi

Section 33(1)(c) does not empower the Court to extend the six-month period specified in s. 44(1)(c) for presentation of a creditor's petition. The act of bankruptcy relied upon was committed outside the statutory period and the petition cannot be presented.

Court Disposition

application dismissed

Orders

  • ['Petition dismissed']