Liew v JNS Technologies (M) Sdn Bhd [1999] FCA 1428

Liew v JNS Technologies (M) Sdn Bhd [1999] FCA 1428

The mere fact of an appeal does not justify extending time for compliance with a bankruptcy notice under s 41(6A); where a stay of execution has been refused and the appeal is unlikely to be heard soon, and there are no special circumstances, an extension should not be granted.

Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Bankruptcy Applications for Extension of Time to Comply With Bankruptcy Notice / Ex Tempore Reasons for Judgment at First Instance
Outcome
Applications dismissed with costs.
Legal Topics
['extension of Time' 'bankruptcy Notice' 'discretion Under Bankruptcy Act S 41(6 A)' 'effect of Appeal' 'stay of Execution']
['bankruptcy'] ['extension of Time' 'bankruptcy Notice' 'discretion Under Bankruptcy Act S 41(6 A)' 'effect of Appeal' 'stay of Execution']

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Procedural Posture

Bankruptcy Applications for Extension of Time to Comply With Bankruptcy Notice / Ex Tempore Reasons for Judgment at First Instance

Legal Issues

  1. 1 ['Whether the existence of a pending appeal is sufficient basis for extension of time to comply with a bankruptcy notice under s 41(6A) of the Bankruptcy Act 1966 (Cth)' 'Whether other circumstances justify exercise of discretion in favour of the applicants']

Ratio Decidendi

The mere fact of an appeal does not justify extending time for compliance with a bankruptcy notice under s 41(6A); where a stay of execution has been refused and the appeal is unlikely to be heard soon, and there are no special circumstances, an extension should not be granted.

Court Disposition

Applications dismissed with costs.

Orders

  • ['The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.' "The applicant pay the respondent's costs of and incidental to the application, including any reserved costs." 'The time for compliance with the bankruptcy notice by the applicant be extended to 5.00 pm on 19 October 1999.']