In the matter of Inspector-General in Bankruptcy [2002] FCA 59

In the matter of Inspector-General in Bankruptcy [2002] FCA 59

Because the late application for renewal was caused by administrative error, and the power to extend time exists and has been used consistently in similar cases, it is appropriate to grant the extension and renew the registration from the original expiry date.

Jurisdiction
Australia
Judgment Date
14 January 2002
Procedural Posture
Application for Extension of Time to Apply for Renewal of Trustee Registration / Final Judgment
Outcome
application granted
Legal Topics
['extension of Time' 'trustee Registration' 'administrative Error']
['bankruptcy'] ['extension of Time' 'trustee Registration' 'administrative Error']

Case Brief

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Procedural Posture

Application for Extension of Time to Apply for Renewal of Trustee Registration / Final Judgment

Legal Issues

  1. 1 ['Whether the time for applying to renew registration as trustee under s 155D of the Bankruptcy Act 1966 (Cth) should be extended after expiry due to administrative error' 'Whether the renewal should be backdated to the expiry date']

Ratio Decidendi

Because the late application for renewal was caused by administrative error, and the power to extend time exists and has been used consistently in similar cases, it is appropriate to grant the extension and renew the registration from the original expiry date.

Court Disposition

application granted

Orders

  • ['The time limited by s 155D(a) of the Bankruptcy Act 1966 for Robyn Lee Erskine to apply for an extension of registration as a trustee be extended until 20 December 2001.' "Upon the Inspector-General extending the registration, Robyn Lee Erskine's registration is extended for three years from 16 December 2001."]