Re: Deputy Commissioner of Taxation
And: Peter Leopold Clyne

Judges: Toohey J
Jenkinson J
Wilcox J

Legislative References:
Bankruptcy Act 1966 - The Act

Judgment date: 16 November 1984

1. Answer questions reserved by St. John J. as follows:

(a)

Whether within the meaning of Section 52(4) of the Bankruptcy Act 1966 a sequestration order was made on the petition of the petitioning creditor on 7th October, 1983 - YES

(b)

If the answer to question 1 is no, whether I have power to extend the period at the expiration of which the petition would lapse to 3rd January, 1985 - DOES NOT ARISE.

(c)

Whether the creditor's petition has now lapsed within the meaning of Section 52(4) - NO.

2. The respondent pay to the applicant his costs of the Stated Case.

3. The petition be remitted to St. John J. for further hearing.

Questions in stated case answered accordingly and orders accordingly with costs.