Federal Court of Australia
JUDGMENT No. omaO Oy ott.
CATCHWORDS
BANKRUPTCY - application to set aside bankruptcy notice - reduction in debt since issue of notice - bad faith - substance of other grounds subject of earlier decision
Bankruptcy Act 1966 ss 40(1)(g), 306(1)
Walsh v Deputy Commissioner of Taxation [1984] 156 CLR 337 Kleinwort Benson Australia v Crowl [1988] 165 CLR 71
hiel nd_anor _v Australia and New Zealan nkin rou Limited Einfeld J unreported 14 July 1994
Shields and anor v Australian and New Zealand Banking Group
Limited Full Court of Federal Court (Neaves, Burchett, Hill JJ) unreported 3 March 1994
v4 IELDS and NNIFER MAR' T_ SHIEL! v
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
N 3118 of 1993
EINFELD J
SYDNEY 22 NOV 1994 FEDERAL COURT OF
11 NOVEMBER 1994 AUSTRALIA
PRINCIPAL REGISTRY
IN_THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No. N 3118 of 1993 TATE OF NEW WALE: ) Re: ISAAC _ JOHN _ MACKAY TEL AND F
MARGARET SHIELDS Judgment Debtors
Ex parte: AUSTRALIA AND _NEW ZEALAND IN LIMITED
Judgment Creditor
MI E_OF ORDER:
1. Application to set aside the bankruptcy notice dismissed.
2. Time for compliance with the notice extended to 18 November 1994.
3. In the event that a sequestration order is made on a petition based on this notice, the creditor's costs of this application are to be treated as the petitioning creditor's costs. If no such sequestration order is
made, then the debtors are to pay the creditor's costs of the application.
Note: Settlement and entry of orders are dealt with in Rule 124 of the Bankruptcy Rules.
EINFELD J SYDNEY
11 NOVEMBER 1994
IN_THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT TA' Wi
No. N 3118 of 1993
wee
Re: ISAAC __ JOHN _ MACKAY SHIELDS AND __ JENNIFER MARGARET SHTELDS
Judgment Debtors
Ex parte: AUSTRALIA __AND_ __NEW ZEALAND BANKING _GROUP LIMITED Judgment Creditor
EINFELD J SYDNEY 1 R_1994
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