Maroevic, D.S. v Facy, R. [1987] FCA 441

. 44|

CATCHWORODS

BANKRUPTCY - bankruptcy notice - alleg counter-claim, set-off or cross demand generality of material relied on.

Bankruptcy Act 1966, ss.40(1)(g) and 41(7)

Daribor Stephan Maroevic

v. Ronald Facy Qld G15 of 1987

FISHER, SPENDER & PINCUS JJ. BRISBANE

19 AUGUST 1987

ed existence of - vagueness and

2.0 AUG 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTAY

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G15 of 1987 GENERAL DIVISION )

ON APPEAL FROM _THE SUPREME COURT OF

QUEENSLAND BETWEEN: DARIBOR STEPHAN MAROEVIC Appellant AND: RONALD FACY Respondent MINUTES OF ORDER JUDGES MAKING ORDER: FISHER, SPENDER AND PINCUS JJ. DATE OF ORDER: 19 AUGUST 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant pay the respondent's costs of and incidental to the appeal to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G15 of 1987 GENERAL DIVISION )

ON_ APPEAL FROM THE SUPREME COURT OF

UEENSLAND BETWEEN: DARIBOR STEPHAN MAROEVIC Appellant AND: RONALD FACY Respondent CORAM: FISHER, SPENDER & PINCUS JJ. 19 AUGUST 1987

REASONS FOR JUDGMENT

This 1s an appeal from the Supreme Court of Queensland

exercising jurisdiction under the Bankruptcy Act. The appellant challenges an order made by that Court on 4 February 1987 in respect of a bankruptcy notice served on him. The Court's order

was as follows:-

"The Court 1s not satisfied that the Judgment Debtor has a counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt, being a counter-claim, set-off or cross demand that the Judgment Debtor could not have set up in the action in which the judgment was obtained."

The bankruptcy notice was issued on a judgment entered