Tag v CBS

[2015] QCA 246

Queensland Court of Appeal

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Catchwords

1. Bankruptcy
2. › Effect of bankruptcy on legal proceedings
3. › Abandonment of action by trustee
4. › Whether application for extension of time to appeal is an 'action' within s 60(5)
5. › Whether abandonment renders application defunct
6. › Bankruptcy Act 1966 (Cth), s 60, s 60(5)
1. Bankruptcy
2. › Annulment of bankruptcy
3. › Composition with creditors
4. › Effect of annulment on acts done by trustee before annulment
5. › Whether abandonment of action validated notwithstanding annulment
6. › Bankruptcy Act 1966 (Cth), s 74(5), s 74(6)
1. Appeal
2. › Extension of time to appeal
3. › Application for adjournment
4. › Whether adjournment should be granted where application already defunct

Quick Take

An application for an extension of time to appeal is an 'action' within s 60(5) of the Bankruptcy Act 1966 (Cth), and abandonment by the Official Trustee renders it defunct. Annulment of bankruptcy under s 74(5) does not revive an action previously abandoned by the trustee, because s 74(6) deems acts done by the trustee before annulment to have been validly done.

Case Details

Citation[2015] QCA 246

CourtQCA

JurisdictionQueensland

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2016Tag v CBSQCA 318

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