Re Gould, Ronald Wallace & Ors Ex Parte Skinner, Ian Robert & Anor [1983] FCA 71

"yy \ cr

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(1) of the Act - extension of time for compliance

with Bankruptcy Notice.

Bankruptcy Act, 1966 (Cwlth), s.40(1)(g), s.40(3){b) and (d), s.41(7)

Re: RONALD WALLACE GOULD, ELAINE MARGARET GOULD and JULIE GAY GOULD

Ex parte: IAN ROBERT SKINNER and DAYLE KERRY SMITH

Bankruptcy Nos. 1871 and 1872 of 1982

FITZGERALD J. BRISBANE 19 APRIL 1983

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

Bankruptcy Nos. 1871 and 1872 of 1982

BANKRUPTCY DISTRICT OF THE SOUTHERN

) ) ) ) ) DISTRICT OF THE STATE OF QUEENSLAND )

Re: RONALD WALLACE GOULD, ELAINE MARGARET GOULD and JULIE GAY GOULD

Ex parte: IAN ROBERT SKINNER and DAYLE KERRY SMITH

ORDER JUDGE MAKING ORDER: Fitzgerald J. DATE OF ORDER: 19 April 1983 WHERE MADE: Brisbane

THE COURT ORDERS THAT:

1. The Court declares it is satisfied that

the judgment debtors have in action No. 1473 of 1982

a counter-claim, set-off or cross demand exceeding

the amount of the debts which are the subject of the orders for costs upon which the bankruptcy notices are founded which could not have been set up in the

proceedings in which those orders were obtained.

2. The costs of and incidental to the proceedings

in this matter, including reserved costs, if any,

shall follow the event in action No. 1473 of 1982 in the Supreme Court of Queensland if the action proceeds to finality and shall otherwise be paid by the judgment

7 debtors to the judgment creditors.

IN THE PEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Bankruptcy Nos. GENERAL DIVISION ) 1871 and 1872 of 1982 ) ) )