Eastick, Robert Frank v. Australia and New Zealand Banking Group Ltd [1981] FCA 77

CATCHWORDS

Bankruptcy - whether a "counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt" - nature of affidavit required under s.41(7) of the Act -

extension of time for compliance with Bankruptcy notice.

Bankruptcy Act, 1966 s.40(1)(g); s.41(7)

ROBERT FRANK EASTICK v. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

(G32 of 1981)

Coram: Deane, Fisher and Sheppard JJ.

Place: Sydney

Date: 19 June, 1981

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY ) NO. G32 of 1981 ) )

GENERAL DIVISION

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

BETWEEN: ROBERT FRANK EASTICK

Appellant (Judgment Debtor)

AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

Respondent (Judgment Creditor)

ORDER JUDGES MAKING ORDER: Deane, Fisher and Sheppard JJ. DATE OF ORDER: 19 June, 1981 WHERE MADE: Sydney

THE COURT ORDERS:

1. THAT the appeal be dismissed.

2. THAT the appellant pay the respondent's costs

of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G32 of 1981

) GENERAL DIVISION )

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

BETWEEN: ROBERT FRANK EASTICK

Appellant (Judgment Debtor)

lzoO

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

Respondent (Judgment Creditor)

CORAM: Deane, Fisher and Sheppard JJ.

Friday 19 June, 1981.

REASONS FOR JUDGMENT

THE COURT: On 18 October, 1979, the respondent Australia and New Zealand Banking Group Limited obtained, in the Supreme Court of New South Wales, Judgment against the appellant Robert Frank Eastick in the amount of $38,712.67 together with interest. The judgment was upon a guarantee and was obtained upon motion for summary judgment before the

Master of the Supreme Court. Subsequent appeals by the

appellant to a Judge of the Supreme Court and, thereafter, to