Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE
" No. B2448 of 1980 OF NEW SOUTH WALES AND THE AUSTRALIAN} )
CAPITAL TERRITORY
RE RONALD ABRAHAMS EX PARTE: FAY JUNE JAMES
(now known as Fay June Warner)
ORDER JUDGE MAKING ORDER McGREGOR J. WHERE MADE AT SYDNEY
DATE OF ORDER 1 OCTOBER 1980
RONALD ABRAHAMS (applicant) was the defendant in an action brought in the District Court of New South Wales in respect of which judgment was recovered in the sum of $6,887.06 against 'him on the 20 December 1978 by FAY JUNE JAMES
(OR WARNER) (respondent).
The said respondent sought and there was issued at her request by the Registrar a Bankruptcy Notice addressed to the applicant and dated the 21 May 1980 which was served
upon him.
The Bankruptcy Notice allowed 14 days for compliance with it. After service on the applicant and before the said time had expired, the applicant caused to be filed such an affidavit as he contends answers the
description in the Bankruptcy Act 1966841(7), i.e. -
"......-.an affidavit to the effect that he has such a counter claim set off or cross demand as is referred to in paragraph (g) of sub-section (1) of the last preceding section".
(1.e. s.40(1)(g) of the Act.)
The effect of filing the affidavit, assuming it answers the description in s.41(7), is that time for complying with the said Bankruptcy Notice is automatically extended or
deemed to have been extended immediately before 1ts expiration
2.
until and uncluding the day on which the court determines
whether it is satisfied as required by that sub-section.
The application, therefore, proceeds upon the
basis that the applicant will seek to establish that he:-
1. has such a counter claim set off or cross demand against the respondent equal to or exceeding the amount of the gudgment debt
or sum payable under the final order,
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate