Hall, Ian Richard v Inspector-General in Bankruptcy [1998] FCA 1327

Hall, Ian Richard v Inspector-General in Bankruptcy [1998] FCA 1327

Because the Bankruptcy Act 1966 did not expressly provide to the contrary, s 33(1)(c) conferred power on the Court to extend after expiry the time prescribed by s 155D(a), allowing the applicant to apply to the Inspector-General for extension of his registration despite the 29 June 1998 expiry; if the Inspector-General exercised the s 155D power, the renewed registration would run for three years from 29 June 1998.

Jurisdiction
Australia
Judgment Date
16 October 1998
Procedural Posture
Bankruptcy Application Concerning Extension of Registration as a Trustee / Application for Extension of Time and Declaration
Outcome
Application granted; time extended and declaration made as to the period of renewal.
Legal Topics
['registered Trustees' 'extension of Registration' 'extension of Statutory Time Limits']
['bankruptcy'] ['registered Trustees' 'extension of Registration' 'extension of Statutory Time Limits']

Case Brief

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Procedural Posture

Bankruptcy Application Concerning Extension of Registration as a Trustee / Application for Extension of Time and Declaration

Legal Issues

  1. 1 ['Whether the Court has power under s 33(1)(c) of the Bankruptcy Act 1966 to extend, after expiry, the time limited by s 155D(a) for applying to the Inspector-General for an extension of registration as trustee.' 'What is the effect of an extension of time under s 33(1)(c) on the period of renewal under s 155D.']

Ratio Decidendi

Because the Bankruptcy Act 1966 did not expressly provide to the contrary, s 33(1)(c) conferred power on the Court to extend after expiry the time prescribed by s 155D(a), allowing the applicant to apply to the Inspector-General for extension of his registration despite the 29 June 1998 expiry; if the Inspector-General exercised the s 155D power, the renewed registration would run for three years from 29 June 1998.

Court Disposition

Application granted; time extended and declaration made as to the period of renewal.

Orders

  • ['The time limited pursuant to s 155D(a) of the Bankruptcy Act 1966 (as amended) for the applicant to apply to the Inspector-General for an extension of his registration as a trustee, be extended pursuant to s 33(1)(c) of the said Act, until Monday, 9 November 1998.' "Upon the Inspector-General exercising the power...