James, Fay June v Abrahams, Ronald [1981] FCA 49

CATCHWORDS

Bankruptcy - Appeal against orders to extend time for compliance with Bankruptcy notice - Power of Court to extend time - nature of "counterclaim, set-off or cross demand equal to or exceeding the amount of the judgment debt" - claim sounding in money - constructive trust - personal claim against

creditor - act of bankruptcy.

Bankruptcy Act, 1966 s.40(1)(g); s.41(6A), s.41(7)°:

Bankruptcy (Amendment) Act 1980

FAY JUNE ADAMS v. RONALD ABRAHAMS

No. G85 of 1980

Coran: Deane, Fisher and Lockhart JJ. Sydney 1 May, 1981.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY )} No. G85 of 1980 ) )

GENERAL DIVISION

BETWEEN: FAY JUNE JAMES

Appellant AND: RONALD ABRAHAMS Respondent ORDER JUDGES MAKING ORDER: Deane, Fisher and Lockhart JJ. DATE OF ORDER: 1 May, 1981 WHERE MADE: Sydney

THE COURT ORDERS:

1. THAT the appeal be allowed.

2. THAT the orders extending the time for compliance

with the bankruptcy notice be set aside.

3. THAT 1t be declared that the Court 1s not

satisfied that the debtor possesses a counter-claim, set-off or cross demand of the type referred to in s.40(1) (g).

4. THAT the respondent pay the costs of the proceedings

at first instance and before this Court.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT RFGISTRY ) NO. G85 of 1980

) GENFRAL DIVISION )

ON APPEAL FROM A SINGLE JUDGF OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: FAY JUNE JAMES

Appellant AND: RONALD ABRAHAMS Respondent CORAM: Deane, Fisher & Lockhart JJ. Friday 1 May, 1981. RFASONS FOR JUDGMENT DEANE AND LOCKHART JJ: On 21 May, 1980, a bankruptcy notice directed to the respondent ("the debtor") issued at the request of the appellant ("the creditor"). The notice