Coshott v Prentice [2018] FCAFC 179

FEDERAL COURT OF AUSTRALIA

Coshott v Prentice [2018] FCAFC 179 Appeal from: Coshott v Prentice, in the matter of Coshott (No 2) [2016] FCA 1531 Prentice v Fewin Pty Limited, in the matter of Prentice [2017] FCA 490

File numbers: NSD 1 of 2017 NSD 2 of 2017 NSD 788 of 2017

Judges: KERR, FARRELL AND GLEESON JJ

Date of judgment: 19 October 2018

Catchwords: BANKRUPTCY – appeals from decision of single judge of Federal Court of Australia to dismiss applications to set aside appellants' bankruptcy notices – where bankruptcy notices issued as appellants failed to pay debts arising from taxation of costs certificate issued against them in related proceeding – where appellants argued that notices should be set aside due to offsetting claim – whether debt the subject of offsetting claim efficaciously assigned to appellants – whether primary judge erred in extending time for compliance with bankruptcy notice in absence of application – whether taxation of costs certificate misleading or defective – appeals dismissed BANKRUPTCY – appeal from another decision of single judge of Federal Court of Australia to grant application to set aside respondent's bankruptcy notice – where bankruptcy notice issued as respondent failed to pay debt incurred as trustee arising from taxation of costs certificate issued against him in related proceeding – whether bankruptcy notice an abuse of process – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 30(1), 40(1), 41(5), 41(6A), 41(6C), 41(7), 306(1) Federal Court (Bankruptcy) Rules 2016 r 3.02 Federal Court Rules 2011 r 40.32(2)