Re Langridge; Ex parte Bennett, Carroll & Gibbons

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 7334 of 1997

RE:	CAROL ANN LANGRIDGE
EX PARTE:	BENNETT, CARROLL & GIBBONS

JUDGE:	KIEFEL J
DATE OF ORDER:	24 JULY 1998
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1. The period at the expiration of which the Petition will lapse will be twenty four months from the date of presentation of the petition.

2. Adjourn the hearing of the Petition to 16 and 17 December 1998.

3. The parties attend mediation by 30 October 1998 and that each of the parties advise the Deputy Registrar, in writing, forthwith on completion of mediation as to whether its outcome is successful. 

THE COURT DIRECTS THAT:

1. In the event that the matter proceeds to hearing on 16 and 17 December 1998, that each of the petitioning creditor and the debtor file and serve their outline of argument by 4.00 pm Monday, 14 December 1998.

2. The evidence of Dr Day and Dr Curtis be taken by telephone link.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 7334 of 1997

RE:	CAROL ANN LANGRIDGE
EX PARTE:	BENNETT, CARROLL & GIBBONS

JUDGE:	KIEFEL J
DATE:	24 JULY 1998
PLACE:	BRISBANE

REASONS FOR JUDGMENT
EX TEMPORE

In this matter the petitioning creditor applied to the Court for an order extending the time for the hearing of the petition under O 35 r 7 Federal Court Rules, the “slip-rule”. The matter comes about in this way. The bankruptcy notice was founded on a judgment entered in the Magistrates’ Court at Brisbane, Queensland, in favour of the petitioning creditor, a firm of solicitors, for professional fees and costs on 30 April 1996. Following non-compliance with that notice a petition was presented to this Court on 23 May 1997. Difficulties were first encountered with service and then with gaining an appearance from the debtor who, in late 1997, was undertaking various medical procedures. On 5 February 1998 the hearing of the petition was adjourned to 9 April 1998 and on that date it was again adjourned to 27 May 1998 and then again to 3 June 1998 when Mrs Langridge appeared with legal representation and directions were made. By this time, however, the petition had lapsed pursuant to s 52(4) Bankruptcy Act 1966. No order for sequestration had been made and no order for extension of time had been made prior to its lapsing 12 months from presentation. On 9 April 1998 in the absence, again, of Mrs Langridge I indicated that I would be prepared to make an order for sequestration on the hearing date which was to say that the material filed by the petitioning creditor to that point appeared in order if Mrs Langridge did not file material showing some ground why such an order should not be made. Directions to that end were made on that date and on subsequent dates and have not yet been complied with, although…