Ferguson v Premier Plasterboard Pty Ltd [2018] FCA 1028

Ferguson v Premier Plasterboard Pty Ltd [2018] FCA 1028

The application to set aside the bankruptcy notice was dismissed because previous courts had already determined the Applicant had been properly served and no grounds to go behind the judgment were present. The application for extension of time was dismissed because the Applicant had not prosecuted his appeals with due diligence, triggering s 41(6C) of the Bankruptcy Act.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Application for Review of a Registrar's Decision / Judgment on Application for Review
Outcome
Application dismissed
Legal Topics
["review of Registrar's Decision" 'bankruptcy Notice' 'extension of Time for Compliance' 'setting Aside Default Judgment']
['bankruptcy' 'insolvency'] ["review of Registrar's Decision" 'bankruptcy Notice' 'extension of Time for Compliance' 'setting Aside Default Judgment']

Case Brief

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Procedural Posture

Application for Review of a Registrar's Decision / Judgment on Application for Review

Legal Issues

  1. 1 ['Whether the bankruptcy notice should be set aside' 'Whether an extension of time for compliance with the bankruptcy notice should be granted']

Ratio Decidendi

The application to set aside the bankruptcy notice was dismissed because previous courts had already determined the Applicant had been properly served and no grounds to go behind the judgment were present. The application for extension of time was dismissed because the Applicant had not prosecuted his appeals with due diligence, triggering s 41(6C) of the Bankruptcy Act.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']