Studwell, Ross v Australian Fibreglass Pty Ltd

[1980] FCA 76

CATCHWORDS

Bankruptcy - bankruptcy notice - application for extension

of time with requirements	- exerclse of discretion.
LOCKHART J.
27 MAY 1980

L

IN THE FEDERAL COURT OF AUSTRALIA 1

BAKKRUPTCY DISTRICT OF THE STATE

NO. n 5300 of 1979

OF NEW SOUTH WALES AND THE

I

AUSTRALIAN CAPITAL TERRITORY I

RE : ROSS STUDWELL

EX PARTE: AUSTRALIAN FIBREGLASS

PTY. LIMITED

REASONS FOR JUDGMENT

LOCKHART J.

Thls 1 s an appllcatlon by Ross Studwell ("the

appllcant") for an order that tune for compllance wlth

bankruptcy notlce No. Sj3OO of 1979 be extended for such

tune as may be necessary for the completlon of proceedlngs

to set aslde	the judgment on whlch the bankruptcy notlce 1 s
based.

Judgment was obtalned by Australlan Flbreglass Pty.

Llmlted ("the respondent") agalnst the appllcant In the

Supreme Court of Xew South Wales on	3 0 July 1973 In the sum
of $44,000.00.

In the proceedlngs In the Supreme Court of New South Wales the respondent clalmed that the appllcant and others, lncludlng one Iievln Alan StUdh-ell, 111 conslderatlon of the respondent extendlng credlt t o SLudh-ell Pty. Llmltcd ("the company"), agreed In wrltlng on 13 September 197; that In the event of the non-payment of certaln bllls of exchange on the due dates by the company, they would furnlsh to the

respondent bank cheques for the amounts referred to m each

. . . / 2

! l .

-3-

The assertlon by the appllcant that he was not served

personally wlth the statement of clalm provldes no reason for

the success of thls appllcatlon.

As in the case of Kevln A l a n Studwell, appllcatlon

was made by the appllcant for leave to amend the appllcatlon

to seek the Same rellef as was sought In the case of Kevln

Alan Studwell. Its fate 1s the same.

I make the followlng orders:-

1. I refuse to grant leave to the appllcant to

amend the appllcatlon by seeklng orders that

bankruptcy notlce B j 3 O O of 1979 be set aslde In the

exerclse of the court's Inherent Jurlsdlctlon;

2 . I dlsmiss the appllcatlon of l 9 October 1979;

I termlnate the order previously made extendlng

tune for compllance wlth the requlrements of the

bankruptcy notlce untll further order;

h . I release the appllcant from hls undertaklng

to the Court by hls counsel that he would not, untll

the determlnatlon of the appllcatlon or further order,

dlspose of, deal wlth, mortgage, pledge o r encumber

any of hls assets otherwise than In the ordlnary course

of buslness o r for the purpose of meeting ordmary

llvlng expenses or legal costs;

order the appllcant to pay the respondent's

costs of the appllcatlons before the Court Includlng

reserved costs.