Federal Court of Australia
JU
SOMINY Mo. PA. | Bn
I co OF _AU: IA ) ) CIst FED! J ICTIo ) No. B.2614 of 1987
)
BANKRUPTCY )
ej F STATE OF VICTORIA TONY CALABRO A Debtor and
¥_CO. SSTONER OF TAXATION
A Creditor
COURT: NORTHROP J. DATE : 16 MARCH 1988 PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
On 10 February 1988 the Deputy Commissioner of Taxation for the Commonwealth of Australia served a bankruptcy notice on the debtor, Tony Calabro. The bankruptcy notice was based upon paragraph 40(1)(g), of the Bankruptcy Act 1966, and it claimed that there was a total amount of $7216.19 owing by the debtor to the Commissioner under a judgment obtained by the Commissioner in the County
Court of Victoria on 27 February 1984. The amount claimed is
2.
the amount of that judgment debt, together with costs, reduced by way of credits totalling some $4090, together with interest on the judgment debt from 5 December 1984 to 17
November 1987. Any claim for further interest has been
waived.
The bankruptcy notice was in conformity with the Act and rules and required the debtor to do one of a number of things within 14 days of the date of service of the bankruptcy notice. The debtor was required, within 14 days after service, to either pay the sum as claimed by the judgment creditor or to secure the payment of the sum referred to, to the satisfaction of the Court. The debtor has done neither of those two things. The bankruptcy notice also gave notice, in conformity with the Act and rules, that if within the period set out above - that is the 14 days - the debtor fails either to comply with the requirements of
the notice - and I quote:-
"or to satisfy the Federal Court of
Australia that you have a counter-clain, set-off or cross demand equal to or exceeding the sum specified in paragraph (a), being a counter-claim set-off or cross demand that you could not have set up in the action in which the judgment (or order) was obtained, you will have committed an act of bankruptcy on which bankruptcy proceedings may he taken
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