Bhagat v Global Custodians Ltd [2002] FCAFC 51; [2002] FCA 223

Bhagat v Global Custodians Ltd [2002] FCAFC 51 Bhagat v Global Custodians Ltd [2002] FCA 223

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Bhagat v Global Custodians Ltd [2002] FCA 223 BANKRUPTCY – application to set aside Bankruptcy Notice – trial judge refused to set aside Bankruptcy Notice – whether the trial judge erred in mistaking certain facts in his judgment – alleged denial of natural justice – whether lack of legal representation amounts to a ground of appeal – alleged failure to consider the applicant's alleged counter-claim, set-off or cross demand filed in separate proceedings – extension of the time for compliance with Bankruptcy Notices – setting aside judgments based on fraud – principles of fraud discussed.

INDEMNITY COSTS – principles of indemnity costs discussed. Federal Court of Australia Act 1976 (Cth) s 43(2) Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(6A), 41(7)

Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 referred to In re A Debtor [1958] 1 Ch. 81 cited Re Cox (1934) 7 ABC 98 cited Vogwell v Vogwell (1939) 11 ABC 83 cited Guss v Johnstone (2000) 171 ALR 598 cited In re Foster, Ex parte Basan (1885) 2 Morr 29 cited Re Verma; Ex parte Deputy Commissioner of Taxation (1984) 4 FCR 181 referred to Ebert v The Union Trustee Co of Australia Ltd (1960) 104 CLR 346 cited General Steel Industries Inc v Commissioner of Railways (NSW) & Ors (1964) 112 CLR 125 followed Bhagat v Royal & Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159 Packer v Meagher (1984) 3 NSWLR 486 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd and Ors (1988) 81 ALR 397 cited Hughes v Western Australian Cricket Association Inc (1986) ATPR ¶40, 748 referred to Ruddock v Vadarlis [2001] FCA 1865 referred to House v The King (1936) 55 CLR 499 cited