Alexander, Vincent Harley v Pargiter, Russell Ashby [1998] FCA 1030

Alexander, Vincent Harley v Pargiter, Russell Ashby [1998] FCA 1030

The application was dismissed because Bankruptcy Regulation 4.02A(2)(b) permitted the Official Receiver to allow a further period for service of the bankruptcy notice even though the application for extension was not made within the original six month period, and the extension was not invalid merely because it did not state the grounds or material on which the Official Receiver acted.

Jurisdiction
Australia
Judgment Date
17 August 1998
Procedural Posture
Bankruptcy Notice Application / Application to Set Aside Bankruptcy Notice and Challenge Effectiveness of Service
Outcome
Application dismissed with costs in proceeding NG 7743 of 1998; by consent, application dismissed except as to costs in proceeding NG 7573 of 1998.
Legal Topics
['bankruptcy Notice' 'extension of Time for Service' 'official Receiver' 'bankruptcy Regulation 4.02 A(2)(b)']
['bankruptcy Law'] ['bankruptcy Notice' 'extension of Time for Service' 'official Receiver' 'bankruptcy Regulation 4.02 A(2)(b)']

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Procedural Posture

Bankruptcy Notice Application / Application to Set Aside Bankruptcy Notice and Challenge Effectiveness of Service

Legal Issues

  1. 1 ['Whether an application to the Official Receiver for an extension of the period for service of a bankruptcy notice under Bankruptcy Regulation 4.02A(2)(b) must be made within the original six month period.' 'Whether an extension of time for service granted by the Official Receiver is invalid because it does not set out the grounds on which the Official Receiver acted or the material before the Official Receiver.']

Ratio Decidendi

The application was dismissed because Bankruptcy Regulation 4.02A(2)(b) permitted the Official Receiver to allow a further period for service of the bankruptcy notice even though the application for extension was not made within the original six month period, and the extension was not invalid merely because it did not state the grounds or material on which the Official Receiver acted.

Court Disposition

Application dismissed with costs in proceeding NG 7743 of 1998; by consent, application dismissed except as to costs in proceeding NG 7573 of 1998.

Orders

  • ['In proceeding NG 7743 of 1998, the application be dismissed.' "In proceeding NG 7743 of 1998, the applicant pay the respondent's costs, including the respondent's costs reserved on 30 July and 3 August 1998." 'In proceeding NG 7573 of 1998, the hearing date of 4 September 1998 be vacated.' 'In proceeding NG 7573...