Re Brookes, Thomas Joseph & Anor Ex Parte Marshall, James Alan & Anor [1997] FCA 219

Re Brookes, Thomas Joseph & Anor Ex Parte Marshall, James Alan & Anor [1997] FCA 219

There is no jurisdiction inherent in the court to extend the time for compliance with bankruptcy notices after the statutory period has expired; affidavits filed were ineffective and no discretionary basis exists for extension post-expiry.

Jurisdiction
Australia
Judgment Date
10 February 1997
Procedural Posture
Bankruptcy Application / Application for Extension of Time for Compliance With Bankruptcy Notice
Outcome
application dismissed
Legal Topics
['extension of Time for Compliance With Bankruptcy Notice' 'jurisdiction of Court' 'affidavit Requirements Under Section 41(7)']
['bankruptcy'] ['extension of Time for Compliance With Bankruptcy Notice' 'jurisdiction of Court' 'affidavit Requirements Under Section 41(7)']

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Procedural Posture

Bankruptcy Application / Application for Extension of Time for Compliance With Bankruptcy Notice

Legal Issues

  1. 1 ['Whether the court has jurisdiction to extend the time for compliance with a bankruptcy notice after expiration.' 'Whether affidavits filed purportedly under section 41(7) of the Bankruptcy Act were effective to extend time.' 'Whether any discretionary basis exists for further extension post-expiry.']

Ratio Decidendi

There is no jurisdiction inherent in the court to extend the time for compliance with bankruptcy notices after the statutory period has expired; affidavits filed were ineffective and no discretionary basis exists for extension post-expiry.

Court Disposition

application dismissed

Orders

  • ['Applicants to pay costs of the application for extension of time.']