McAtee, Re P. McAtee, Ex Parte P. v Spadina, M. [1986] FCA 661
In light of the appeal having been instituted at counsel's advice, and there being some material on its prospects, the application was not frivolous and warranted an extension of time for compliance with the bankruptcy notice until further order.
- Parties
- Applicant: Patrick McAtee; Respondent: Michael Spadina
- Jurisdiction
- Australia
- Judgment Date
- 12 February 1986
- Procedural Posture
- Bankruptcy Application / Application to Extend Time for Compliance With Bankruptcy Notice
- Outcome
- Application granted for extension of time for compliance with bankruptcy notice
- Legal Topics
- Extension of Time for Compliance With Bankruptcy Notice, Pending Appeal Against Judgment
Case Brief
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Parties
Patrick McAtee
Applicant
Michael Spadina
Respondent
Procedural Posture
Bankruptcy Application / Application to Extend Time for Compliance With Bankruptcy Notice
Legal Issues
- 1 Whether time for compliance with bankruptcy notice should be extended when an appeal against the underlying judgment is pending
Ratio Decidendi
In light of the appeal having been instituted at counsel's advice, and there being some material on its prospects, the application was not frivolous and warranted an extension of time for compliance with the bankruptcy notice until further order.
Court Disposition
Application granted for extension of time for compliance with bankruptcy notice
Orders
- The time for compliance of the bankruptcy notice issued on 31 October 1986 is extended until further order.
- The applicant and the respondent are at liberty to relist this matter on reasonable notice.
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