Derek George Shephard v Chiquita Brands South Pacific Limited

[2004] FCAFC 76

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Interrogate

Catchwords

1. Bankruptcy
2. › Creditor's petition
3. › Conditions precedent to presentation
4. › Six-month period after act of bankruptcy
5. › Whether time limit extendable under s 33(1)(c)
6. › Bankruptcy Act 1966 (Cth), ss 33(1)(c), 44(1)(c)
1. Bankruptcy
2. › Bankruptcy notice
3. › Extension of time for compliance
4. › Power under s 41(6A)
5. › Whether power spent once proceedings to set aside notice concluded
6. › Whether creditor may apply
7. › Bankruptcy Act 1966 (Cth), s 41(6A)
1. Statutory Interpretation
2. › Re-enactment of statutory provision
3. › Presumption that Parliament intended re-enacted provision to bear previous judicial interpretation
4. › Regard to context and mischief
5. › Bankruptcy Act 1966 (Cth), s 44(1)(c)

Quick Take

The power under s 41(6A) of the Bankruptcy Act 1966 to extend time for compliance with a bankruptcy notice is spent once the proceedings to set aside the notice have been finally determined. A creditor who fails to present a petition within six months of the act of bankruptcy cannot use s 41(6A) to obtain a fresh extension after the set-aside proceedings have concluded. The six-month period in s 44(1)(c) is a condition precedent to presenting a creditor's petition and cannot be extended under s 33(1)(c). Re Halstead should not be followed on this point.