Morien v Johnston

In the case of Morien v Johnston, the applicant sought to extend the time for compliance with a bankruptcy notice. This request was made in the context of an appeal and an application for a stay of the decision that the bankruptcy notice was based upon, which had not yet been heard. The respondent, in turn, applied to have the application to dismiss the application for review of the Registrar's refusal to set aside the bankruptcy dismissed, arguing that it was filed out of time.

The primary legal issue the court had to determine was whether the applicant's application for interim orders extending the time for compliance with the bankruptcy notice should be dismissed. Additionally, the court had to consider the principles applicable to the dismissal of the application made out of time, specifically whether the respondent's application for dismissal should also be dismissed.

The court found that the applicant's application for interim orders extending the time for compliance with the bankruptcy notice should be dismissed. Furthermore, the court held that the principles applicable to the dismissal of the application made out of time were made out, and thus the respondent's application for dismissal should also be dismissed. The costs of these applications were reserved for further consideration.