Willoughby Preschool Inc v Mearns
[2004] FMCA 861
•22 November 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WILLOUGHBY PRESCHOOL INC v MEARNS | [2004] FMCA 861 |
| BANKRUPTCY – Extension of petition under s.52 of the Bankruptcy Act. |
| Applicant: | WILLOUGHBY COMMUNITY PRESCHOOL INC |
| Respondent: | ROBYN HAYDN MEARNS |
| File No: | SYG2819 of 2003 |
| Delivered on: | 22 November 2004 |
| Delivered at: | Sydney |
| Hearing date: | 22 November 2004 |
| Judgment of: | Raphael FM |
REPRESENTATION
| Solicitors for the Applicant: | A J Law & Co |
| For the Respondent: | Respondent in person |
ORDERS
Matter adjourned until 9.30 a.m. on 15 March 2005 for mention to set a hearing date.
Petition extended pursuant to s.52(5) of the Bankruptcy Act until 17 December 2005.
Costs reserved.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2819 of 2003
| WILLOUGHBY COMMUNITY PRESCHOOL INC |
Applicant
And
| ROBYN HAYDN MEARNS |
Respondent
REASONS FOR JUDGMENT
In this matter, which came before me for hearing originally on 3 March 2004, the proceedings were adjourned so that the debtor, the respondent to the petition, could proceed in the District Court to set aside a default judgment obtained by the creditor. As sometimes happens these civil proceedings were associated with certain criminal proceedings and the District Court has decided that it should not hear the set aside application until the criminal proceedings have been determined. These are apparently being heard by a local court Magistrate as an indictable offence being tried summarily and are part heard to a date in February 2005.
Having re-read the transcript of the proceedings before me I am satisfied that there appears to be a genuine dispute between the parties but it is one which may resolve itself in some decision that the creditor is owed possibly less than it is claiming but still sufficient to substantiate a petition. In saying this I am in no way pre-judging the issues which are to be before the District Court. But because they are in my mind I feel it is appropriate to accede to the requests made by the petitioning creditor not only that the matter be adjourned but that the petition be extended pursuant to s.52(5) of the Bankruptcy Act 1966 (Cth).
I grant that extension until 17 December 2005. The orders which I will make are therefore as follows:
(1)Matter adjourned until 9.30 a.m. on 15 March 2005 for mention to set a hearing date.
(2)Petition extended pursuant to section 52(5) of the Bankruptcy Act until 17 December 2005.
(3)Costs reserved.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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