The service of a bankruptcy notice based on a judgment under appeal does not, without more, render the appeal nugatory for the purposes of a suspension order application, because statutory mechanisms under the Bankruptcy Act 1966 (Cth), including s 41(6A), permit the debtor to seek extensions of time for compliance with the bankruptcy notice and adjournment of sequestration petitions. The ineluctable nature of an act of bankruptcy is qualified by these statutory protections.
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