Federal Court of Australia
JUDGMENT No. 731 7.822 CATCHWORDS
BANKRUPTCY - bankruptcy notice - judgment creditor also mortgagee
~ uncompleted sale of debtor's property - allegation of breach of
mortgagee's duty on power of sale - affidavit alleging counter-claim, set-off or cross demand - requirement for - insufficrent evidence - uncontradicted evidence for creditor -
Court not satisfied that affidavit shows counter-claim.
Bankruptcy Act s.40, s.41
Ebert v The Union Trustee Co. of Australia Ltd (1960) 104 CLR 346
Re; Billinghurst; Ex parte Australia and New Zealand Banking Grou Ltd (1978) 36 FLR 62
Re: Brink; Ex parte The Commercial Banking Company of Sydney Ltd (1980) 44 FLR 135 Vogwell v Vogwell (1939) 11 ABC 83
Eastick v Australia and New Zealand Banking Group Ltd (1981) 53 FLR 91
Cachalot Nominees Pty Ltd v Prime Nominees Pty Ltd (1984) WAR 380
RE: REMA DOLORES GOMM Ex Parte: POLICE CREDIT SOCIETY OF W.A. LIMITED
NO. B239 OF 1987
FRENCH J. PERTH
17 DECEMBER 1987
IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF )
)
WESTERN AUSTRALIA NO. B239 of 1987
RE: REMA DOLORES GOMM
Debtor
EX PARTE: POLICE CREDIT SOCIETY OF W.A,. LIMITED Creditor
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 17 DECEMBER 1987
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The Court 18S not satisfied that the debtor has a counter-claim, set-off or cross demand of the kind
contemplated by para.40(1)(g) of the Bankruptcy Act.
2. The time for compliance with the bankruptcy notice 1s
extended to midnight on 24 December 1987.
3. The debtor is to pay the judgment creditor's costs of
the hearing.
NOTE: Settlement and entry of orders is dealt with in
Rule 124 of the Bankruptcy Rules.
foal ial
IN THE FRDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
NO. B239 of 1987 RE: REMA DOLORES GOMM Debtor
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