Federal Court of Australia
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CATCHWORDS
TRADE PRACTICES - Application to set aside default judgment -
Whether shown that applicant has defence on merits.
BANKRUPTCY - Contested petition - Application to Court to go
behind judgment to determine existence of debt.
Trade Practices Act 1974 ss.52, 75B Bankruptcy Act 1966 s.52
Corney v_ Brian (1951) 80 CLR 343, Wren v Mahoney (1972) 126
CLR 212, Bill Acceptance Corporation Ltd v GWA Ltd (1983) 50 ALR 242 applied.
NSW G.72 of 1981 TERRENCE GILCHRIST v A T S AMUSEMENTS PTY LIMITED formerly AUSTRALIAN TABLE SOCCER COMPANY LIMITED & ORS
P.1452 of 1985 Re FRANKLYN ERNEST YATES (also known as FRANK YATES); Ex parte TERRENCE GILCHRIST
PEGART n> Wilcox J Tat Sydney SS7 GN 20 May 1986 is 4
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
WILCOX J SYDNEY
20 MAY 1986
eer ww
LIMITED DISTRIBUTION
No. G.72 of 1981
TERRENCE GILCHRIST
First Applicant
A TS AMUSEMENTS PTY LIMITED formerly AUSTRALIAN TABLE SOCCER COMPANY LIMITED
First Respondent
FRANK YATES Second Respondent
BRIAN HUNT
Third Respondent
JEFF WALLER
Fourth Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
NOTE:
The motion to set aside the judgment in matter
No.G.72 of 1981 be dismissed.
The applicant in the motion to set aside judgment, Franklyn Ernest Yates, pay to the respondent to that
motion, Terrence Gilchrist, his costs of the motion.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
) ) ) ) BANRKUTPCY DISTRICT OF THE STAE OF )} ) NEW SOUTH WALES AND )
)
)
THE AUSTRALIAN CAPITAL TERRITORY
RE:
EX PARTE:
CORAM: WILCOX J PLACE: SYDNEY DATE: 20 MAY 1986
No. P.1452 of 1985
FRANKLYN ERNEST YATES
(also known as FRANK YATES )
Debtor TERRENCE GILCHRIST A Creditor
MINUTES OF' ORDER
THE COURT ORDERS THAT:
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