Federal Court of Australia
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JUDGMENT No. sume 3 Peal ada
CATCHWORDS
Bankruptcy - whether debtor able to pay his debts - principles
involved.
Bankruptcy Act 1966 s.52
BORTS BELJAJEV_v. DINERS CLUB LIM{TED
No. PLO71 of 1983
SDERAL 15 August 1984 AUSTS ALIA
Melbourne
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TN_THE PEDEPRAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE
STATE OF VICTORIA
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GENFRAI, DIVISTON
BETWEEN :
EX PARTE:
NO. P1071 OF 1983
BORIS BELJAIEV
The Debtor
DINERS CLUB LIMTTED
Judge Making Order: Smithers J,
Date of Order: 15 August 1984
Where Made: Melbourne.
ORDER
THE COURT ORDERS THAT:
1. The petition be dismissed.
2. The petitioning creditor pay the
The Creditor
costs of the
proceedings up to but not including 30 May 1984.
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Otherwise each party shall bear its own costs.
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INTHE FEDEPAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE
STATE OF VICTORTA
NO. P1lO7L OF 1983
GENERAL DIVISION
BETNEEN: BORIS BELIATEV
The Debtor
Ex PARTE: DINERS CLUB LIMITED
The Creditor
Coram: Smithers Jd. AS August 1984
'
This matter relates to a petition by Diners Club Limitea for sequestration of the estate of Boris Beljajev. The petition is based on a bankruptcy notice, 1ssued and served, in respect of the sum of $4,197.08 due under a judgment of the County Court given at Melbourne cn 24 January 1983. The petition was opposed by the debtor ona number of grounds. First, it was contended that the bankruptcy notice referred to an amount stated in the notice to be payable by the debtor in excess of the amount due in fact. Secondly, that the debtor had aA cross-claim against the petitioner for an amount in
excess of the debt due by him to the petitioner which he could
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