Jamieson, William John v Pearson, Glenn Stewart [1998] FCA 499

Jamieson, William John v Pearson, Glenn Stewart [1998] FCA 499

The applicant failed to demonstrate persuasive grounds for extension, as the alleged double counting was not sufficient to refute the enforceability of the judgment supporting the bankruptcy notice. The application for extension of time was refused.

Jurisdiction
Australia
Judgment Date
05 May 1998
Procedural Posture
Application to Set Aside Bankruptcy Notice and Extension of Time / Ruling on Application for Extension of Time to Comply With Bankruptcy Notice
Outcome
Application for extension of time refused; application dismissed; costs awarded to respondent.
Legal Topics
['bankruptcy Notice' 'extension of Time' 'double Counting' 'judgment Enforcement']
['bankruptcy' 'commercial Law'] ['bankruptcy Notice' 'extension of Time' 'double Counting' 'judgment Enforcement']

Case Brief

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Procedural Posture

Application to Set Aside Bankruptcy Notice and Extension of Time / Ruling on Application for Extension of Time to Comply With Bankruptcy Notice

Legal Issues

  1. 1 ['Whether the applicant is entitled to an extension of time for compliance with a bankruptcy notice based on alleged double counting in the underlying judgment']

Ratio Decidendi

The applicant failed to demonstrate persuasive grounds for extension, as the alleged double counting was not sufficient to refute the enforceability of the judgment supporting the bankruptcy notice. The application for extension of time was refused.

Court Disposition

Application for extension of time refused; application dismissed; costs awarded to respondent.

Orders

  • ['The application for an order that the time for compliance with bankruptcy notice NN2514 of 1997 be further extended be refused.' "The applicant is ordered to pay the respondent's costs of that application." 'The application is otherwise dismissed.']