Shields v Australia & New Zealand Banking Group Ltd [1995] FCA 277

JUDGMENT No. ....2%:7.7

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URT OF ) ) WSO Ww Ss IST. ) NG 55 of 1995 ) VIS ) ISAAC JOHN MACKAY SHIELDS and JENNIFER MARGARET SHIELDS Applicants AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED Respondent Coram: Whitlam J Place: Sydney Date: 17 February 1995 REASONS FOR JUDGMENT (EX TEMPORE)

This is an application for extension of time in which to file and serve a notice of appeal from a judgment of Einfeld J given on 11 November 1994. The application was

filed on 31 January 1995.

Order 52, rule 15 (6) of the Federal Court Rules requires that such an application

be accompanied by an affidavit showing (a) the nature of the case; (b) the questions

involved, and (c) the reason why leave should be given. The affidavit filed in support of

~4 MAY 1995

FEDERAL COURT 0:

AUSTRALIA

ee REGISTRY

2.

This affidavit does not describe the nature of the case at all. On 11 November 1994 Einfeld J made orders dismissing an application to set aside a bankruptcy notice issued against the applicants and extending the time for their compliance with such notice to 18 November 1994. The applicants had appeared in person at the hearing of their application on 14 July 1994 and had filed by 1 August 1994 what his Honour described

as "voluminous written submissions."

His Honour was able to discern six matters said to justify the setting aside of the notice. They were (1) that the notice does not detail how the amount on its face was calculated; (2) that the applicants had a counter-claim, set-off or cross demand in terms

of section 40(1)(g) of the Bankruptcy Act 1966; (3) that there was no debt behind the

judgment upon which the notice was based; (4) that the notice overstated the amount actually owed; (5) that the notice was not in the correct form; and (6) that the notice was

an abuse of process.