Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moree Plains Shire Council v Goater [2016] FCAFC 135 Appeal from: Goater v Moree Plains Shire Council [2015] FCCA 2594
File number: NSD 1718 of 2015
Judges: RARES, KATZMANN AND MARKOVIC JJ
Date of judgment: 6 October 2016
Catchwords: BANKRUTPCY AND INSOLVENCY – appeal from a decision of the Federal Circuit Court of Australia setting aside a bankruptcy notice – where respondent claims to have a counter-claim, set-off or cross demand of greater value than the creditor's judgment debt – where funds not appropriated by debtor whether creditor has right to apply funds as it chooses – whether the primary judge properly considered the legal and factual merits of the respondent's claim to set aside the bankruptcy notice – appeal allowed
Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g) Competition and Consumer Act 2010 (Cth) sch 2 s 18 Federal Court of Australia Act 1976 (Cth) s 27
Cases cited: Bourns Inc v Raychem Corp [1999] 3 All ER 154 Caltabiano v Electoral Commission of Queensland (No 1) [2010] 1 Qd R 100 Cory Brothers & Company Limited v The Owners of the Turkish Steamship "Mecca" [1897] AC 286 Ebert v The Union Trustee Co of Australia Limited (1960) 104 CLR 346 Goater v Commonwealth Bank of Australia (2014) 88 NSWLR 362 Guss v Johnstone (2000) 171 ALR 598 Hearne v Street (2008) 235 CLR 125 Knysh & Anor v Corrales Pty Ltd (1989) 15 ACLR 629 Leeson v Leeson [1936] 2 KB 156
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