Schmitz, E. v Kodak (Australasia) Pty Ltd [1995] FCA 522

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF ) THE STATE OF VICTORIA ) GENERAL DIVISION ) No VN 889 of 1995 RE: EDGAR SCHMITZ Debtor Ex parte: KODAK (AUSTRALASIA) PTY LTD Creditor COURT: Sundberg J DATE: 24 July 1995 PLACE: Melbourne MINUTES OF ORDER The Court makes the following declaration: 1. The debtor does not have a counter-claim, set-off or cross demand within the meaning of s.40(1)(g) of the Bankruptcy Act 1966. And the Court orders that: 2. The debtor pay the creditor's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF ) THE STATE OF VICTORIA ) GENERAL DIVISION ) No VN 889 of 1995 RE: EDGAR SCHMITZ Debtor Ex parte: KODAK (AUSTRALASIA) PTY LTD Creditor COURT: Sundberg J DATE: 24 July 1995 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: On 29 August 1994 Kodak (Australia) Pty. Ltd. ("Kodak") obtained judgment in the Magistrates' Court at Melbourne against Edgar Schmitz for $13,534.79 together with interest and costs. A Bankruptcy Notice based on the judgment debt was served on Mr. Schmitz. There is no evidence of the date of service, though the handwritten date on Mr. Schmitz's copy of the Notice (29 May 1995) may have been the date of service. On 9 June 1995 Mr. Schmitz filed an affidavit stating that he wished to enter a counterclaim against Kodak under s.41(7) of the Bankruptcy Act 1966. Because there is no evidence of the date of service of the Bankruptcy Notice, I cannot tell whether the application is within the 14 day period prescribed by s.41. I will however treat it as within time. It appears from his affidavit that Mr. Schmitz was formerly a director of a now deregistered company E.D.S. Pty. Ltd. ("EDS") which initially traded under the name