Akhras, E.H. v Commonwealth Bank of Australia [1995] FCA 124

CATCHWORDS BANKRUPTCY - Generally - application of Debtor to set aside Bankruptcy Notice - no question of principle. RE: EDOUARD H AKHRAS, EX PARTE COMMONWEALTH BANK OF AUSTRALIA No NN 3396 of 1994 Lindgren J Sydney 14 March 1995

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE STATE OF ) No NN 3396 of 1994 NEW SOUTH WALES ) RE: EDOUARD H AKHRAS Debtor/Applicant EX PARTE: COMMONWEALTH BANK OF AUSTRALIA Creditor/Respondent CORAM: Lindgren J PLACE: Sydney DATE: 14 March 1995 MINUTE OF ORDERS THE COURT: 1. ORDERS that the Debtor's application be dismissed. 2. ORDERS that the Debtor pay the Creditor's costs. 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 ) No NN 3396 of 1994 NEW SOUTH WALES ) RE: EDOUARD H AKHRAS Debtor/Applicant EX PARTE: COMMONWEALTH BANK OF AUSTRALIA Creditor/Respondent CORAM: Lindgren J PLACE: Sydney DATE: 14 March 1995 REASONS FOR JUDGMENT There is before the Court an application by Edouard H. Akhras ("the Debtor") to set aside a bankruptcy notice dated 10 November 1994 issued on the application of the Commonwealth Bank of Australia ("the Bank"). The Debtor appears in person. The Bank is represented by Mr Titmarsh, solicitor. The Debtor's application was filed on the 15 February 1995 and is returnable today. As well as seeking an order that the bankruptcy notice be set aside, the application seeks an order that time for compliance with the requirements of the bankruptcy notice be extended until the determination of the application to set aside.