Liew v JNS Technologies (M) Sdn Bhd

Case [1999] FCA 1428

FEDERAL COURT OF AUSTRALIA

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

BANKRUPTCY – whether the fact that an appeal is pending is sufficient for an extension of time for compliance with a bankruptcy notice.

Bankruptcy Act 1966 (Cth) s 41(6A)

Garcia v National Australia Bank Limited (1998) 155 ALR 614 referred
Re Taylor; ex parte Deputy Commissioner of Taxation (1983) 74 FLR 377 cited
Bryant v Commonwealth Bank of Australia (unreported, Full Court of the Federal Court, 11 November 1994) cited
Benaharon v Fabric Dyeworks (Aust) Pty Ltd [1998] FCA 1109 cited
Re Baker; ex parte Baker v Staples (unreported, Federal Court, 4 September 1995) referred
Beckwith v Pedler [1999] FCA 1312 cited
Re Geard; ex parte Reid (unreported, Federal Court, 11 February 1999) referred
Re Smith (unreported, Federal Court, 4 May 1994) cited
Agrillo v Codisposto (unreported, Federal Court, 16 December 1994) cited
Bryett v Deputy Commissioner of Taxation (1997) 37 ATR 1411 cited
Wenkart v Abignano (unreported, Federal Court, 28 August 1998) cited
Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 followed
Re Nguyen; ex parte Commissioner of Taxation (1995) 54 FCR 403 followed
Warner v Frost [1999] FCA 830 followed

PAK SUN LIEW v JNS TECHNOLOGIES (M) SDN BHD

V 7644 of 1999

WAI FONG LIEW v JNS TECHNOLOGIES (M) SDN BHD
V 7645 of 1999

MARY ELLEN STANNARD v JNS TECHNOLOGIES (M) SDN BHD
V 7648 of 1999

JOHN NEIL STANNARD v JNS TECHNOLOGIES (M) SDN BHD
V 7649 of 1999

KENNY J
MELBOURNE
18 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 7644 OF 1999

BETWEEN:

PAK SUN LIEW
Applicant

AND:

JNS TECHOLOGIES (M) SDN BHD
Respondent

JUDGE:

KENNY J

DATE OF ORDER:

18 OCTOBER 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1. The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.

2.   The applicant pay the respondent’s costs of and incidental to the application, including any reserved costs.

3.   The time for compliance with the bankruptcy notice No. VN 1309 of 1999 by the applicant be extended to 5.00 pm on 19 October 1999.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 7645 OF 1999

BETWEEN:

WAI FONG LIEW
Applicant

AND:

JNS TECHNOLOGIES (M) SDN BHD
Respondent

JUDGE:

KENNY J

DATE OF ORDER:

18 OCTOBER 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1. The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.

2.   The applicant pay the respondent’s costs of and incidental to the application, including any reserved costs.

3.   The time for compliance with the bankruptcy notice No. VN 1308 of 1999 by the applicant be extended to 5.00 pm on 19 October 1999.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 7648 OF 1999

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Details
AGLC
Liew v JNS Technologies (M) Sdn Bhd [1999] FCA 1428
Case
[1999] FCA 1428
Decision Date

CaseChat Overview and Summary

The matter of Liew v JNS Technologies (M) Sdn Bhd involved a dispute under the Bankruptcy Act 1966 (Cth), specifically concerning the application of section 41(6A) of the Act. Liew, the applicant, sought relief from a bankruptcy notice issued by JNS Technologies, the respondent. The Federal Court of Australia was tasked with determining the validity of Liew's application and the appropriate course of action concerning the bankruptcy notice.

The primary legal issues before the court were whether the applicant had a valid ground to challenge the bankruptcy notice under section 41(6A) of the Act and, if not, whether the court should extend the time for compliance with the notice. The court needed to assess the merits of Liew's application and decide on the allocation of costs between the parties. The court also needed to determine whether an extension of time for compliance with the bankruptcy notice was warranted.

In reaching its decision, the court found that Liew's application lacked sufficient grounds to challenge the bankruptcy notice. The court held that Liew did not provide adequate evidence or arguments to justify relief from the notice. Consequently, the application under section 41(6A) of the Bankruptcy Act was dismissed. The court ordered Liew to pay the respondent's costs associated with the application, including any reserved costs. Additionally, the court extended the time for compliance with the bankruptcy notice to 5.00 pm on 19 October 1999, recognising the need for a reasonable period for the applicant to address the notice.

The court's final orders included dismissing the application under section 41(6A) of the Bankruptcy Act, directing Liew to pay the respondent's costs of and incidental to the application, and extending the compliance time for the bankruptcy notice to the specified date and time.

Orders

Orders of the court

1. The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.

2. The applicant pay the respondent’s costs of and incidental to the application, including any reserved costs.

3. The time for compliance with the bankruptcy notice No. VN 1309 of 1999 by the applicant be extended to 5.00 pm on 19 October 1999.

1. The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.

2. The applicant pay the respondent’s costs of and incidental to the application, including any reserved costs.

3. The time for compliance with the bankruptcy notice No. VN 1308 of 1999 by the applicant be extended to 5.00 pm on 19 October 1999.

1. The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.

2. The applicant pay the respondent’s costs of and incidental to the application, including any reserved costs.

3. The time for compliance with the bankruptcy notice No. VN 1311 of 1999 by the applicant be extended to 5.00 pm on 19 October 1999.

1. The application under s 41(6A) of the Bankruptcy Act 1966 (Cth) be dismissed.

2. The applicant pay the respondent’s costs of and incidental to the application, including any reserved costs.

3. The time for compliance with the bankruptcy notice No. VN 1310 of 1999 by the applicant be extended to 5.00 pm on 19 October 1999.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

KENNY J (dissent)

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Ratio Decidendi

Legal Principle Established

Established by:

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