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[1985] FCA 132
General information, not legal advice.
Federal Court of Australia
1985-04-04
Pincus J
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than the semi-anniversary of the last day for compliance of the
IN THE FEDERAL COURT OF AUSTRALTA ) GENERAL DIVISION ) QLD PET €41 of
BANKRUPTCY DISTRICT OF THE SOUTHEPN ) DISTRICT OF THE STATE CF QUEENSLAND )
EX PARTE: DALGETY FARMERS LIMITED (FORMERLY DALGETY AUSTPALIA LIMITED)
ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 4 APRIL 1985 WHERE MADE: BRISBANE
The petition for a sequestration order be dismissed.
BANKRUPTCY DISTPICT CF THE SOUTHERN ) DISTRICT OF THE STATE OF OQURENSLAND )
EX PARTE: DALGETY PARMERS LIMITED 'FOPMEPLY DALGETY AUSTRALIA LIMITED)
This 1s a petition for a sequestration order, based ona
bankruptcy notice served on 12 January 1984. The petition waz
Sectzon 44(1) forbids the presentatiun of a creditor s
petition unless "(c) the act of bankruptcy on which the petition
is founded wae committed within six months of the presentation of
The arqument for the creditor was as follows. It was said that the 14 days allowed for compliance with the requirements of the bankruptcy notice expired at the last moment of 26 January 19584. Then, it was urged, since the law ignores fractions of a day, the act of bankruptcy occurred on 27 January
In my opinion, that is not correct. Pe Maud (1891) 8 Morr. 144 is clear authority to the contrary. There the bankruptcy notice was served on 20 November 1890 and weven days were allowed for compliance. It was held that the act of bankruptcy was completed at the last moment of 27 November 1890. The petition, which under the (1883) English Statute then being
considered, had to be presented within three months, was held to
be too late, having been presented on 28 February 1991.
I note that Re Maud is cited as authoritative in both the English and the Australian standard bankruptcy texte and I
In summary the petition must be presented. to comply with s.44(1l)(c), no later than the semi-anniversary af the last day for compliance with the bankruptcy notice; here the last day
for compliance was 25 January but the petition was not presented
until 27 July and is therefore too late. The petition is dismissed. Pecertify thar cas aid oh. | ptese da pages are a true Copy eee 2 te eas der