Federal Court of Australia
CATCHWORDS
Bankruptcy - application to set aside bankruptcy notice - whether affidavit is of the kind mentioned in s. 41 (7) - whether the requisite counter-claim, set-off or cross demand could not have been set up tn the action in which the judgment was obtained - meaning of "action" in s. 40 (1) (g) - judgment obtained in Court of Petty Sessions - application of s. 12 of Courts of Petty Sessions (Civil Claims) Act, 1970 to meaning
of "action",
Bankruptcy Act, 1966 (Cth.) - ss. 40 (1) (g), 41 (7)
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT
OF THE STATE OF NEW SOUTH WALES AND No. B3652 OF 1980
THE AUSTRALIAN CAPITAL TERRITORY
RE: SELAH SAID RACHEHA EX PARTE: ANTHONY ANTONIOS ORDER
JUDGE MAKING ORDER: LOCKHART J.
WHERE MADE: AT SYDNEY
DATE OF ORDER: 11 NOVEMBER 1980
THE COURT ORDERS THAT:
1. The Court is not satisfied that the debtor has the
requisite counter-claim, set-off or cross demand within the meaning of s. 40 (1) (g) of the Bankruptcy Act 1966, as any counter-claim, set-off or cross demand the debtor may have
is one that could have been set up in the action in which the
judgment was obtained.
2. The judgment debtor pay the costs of the judgment
creditor of this matter including reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT No. B3652 of 1980 OF NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY RE: SELAH SAID RACHEHA EX PARTE: ANTHONY ANTONIOS REASONS FOR JUDGMENT it Nov 1980 LOCKHART J.
On 7 October 1977 Anthony Antonios ("the judgment creditor") signed judgment against Selah Said Racheha ("the judgment debtor") in the Bankstown Court of Petty Sessions in the sum of $1,535.50. On 21 July 1980 a Deputy Registrar issued a bankruptcy notice directed to the gudgment debtor. Before the expiration of the time fixed for compliance with the requirements of the bankruptcy notice, the judgment debtor filed with the Registrar an affidavit. It was intended by the judgment debtor that the affidavit answer the description of
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