Federal Court of Australia
NUDGMENT No. CLY B77
CATCHWORDS
BANKRUPTCY - Bankruptcy notice - Application to set aside or extend time for compliance - Counter-claim set off or cross~demand - Appeal from judgment founding bankruptcy notice - Whether prosecuted with due diligence - Discretion of Court - Test is whether appeal 1s on substantial grounds - Calculation of interest in bankruptcy notice - Whether extension of time for compliance with bankruptcy notice is "urgent relief of an interlocutory nature" for the purposes of s.78B of the Judiciary Act where a constitutional point is raised.
Bankruptcy Act 1966, s.41(5), (6A), (6C), (7) Judiciary Act 1903, s.78B
RE: DOMINIC BARBARO; EX PARTE: AMALGAMATED TELEVISION SERVICES PTY LIMITED
Burchett J. Sydney 3 December 1987
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY GENERAL DIVISION
No. B3790 of 1987
DOMINIC BARBARO
EX PARTE:
AMALGAMATED TELEVISION SERVICES PTY LIMITED
MINUTE OF ORDER OF THE COURT
Judge Making Order: Burchett J. Where Made: Sydney Date of Order: 3 December 1987
THE COURT ORDERS:
(1) That the time for compliance with the bankruptcy notice referred to in the application be extended until further order.
(2) That liberty be reserved to either party to apply to the
Registrar for relisting of the application on a date which will permit the giving of 7 days' notice to the
other party. (3) That costs be reserved.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
GENERAL DIVISION
No. B3790 of 1987
we we ww
DOMINIC BARBARO
EX PARTE:
AMALGAMATED TELEVISION SERVICES PTY LIMITED
REASONS FOR JUDGMENT
BURCHETT J.
This is an application by a debtor to set aside a bankruptcy notice and to extend time for compliance until after the determination of an appeal challenging the judgment of the Supreme Court of New South Wales that led to the debtor being ordered to pay costs which, being taxed at $18,704-77, formed the foundation of the bankruptcy notice. The debtor also seeks to set up a counter-claim set off or cross-demand within the meaning
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