Re Del Vecchio, Fernando Ex Parte Lewenberg, Alex [1995] FCA 901

Federal Court of Australia

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CATCHWORDS BANKRUPTCY - Bankruptcy notice - Counter-claim set-off or cross demand - Whether affidavits satisfy requirements of s.41(7) Bankruptcy Act 1966 Bankruptcy Act 1966 s41(7) Courts (Case Transfer) Act 1991 (Vict) ss21, 22, 27 Re Stockvis (1934) 7 ABC 53 James v. Abrahams (1981) 34 ALR 657 Re Racheha; Ex parte Antonios (1980) 49 FLR 423 Re Franks; Ex parte GIO Holdings Ltd (1990) 24 FCR 398 Re Doherty unreported 8 October 1993 RE: FERNANDO DEL VECCHIO; EX PARTE: ALEX LEWENBERG VN 1203 of 1995 COURT: Sundberg J PLACE: Melbourne DATE: 13 November 1995

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VN 1203 of 1995 GENERAL DIVISION ) RE: FERNANDO DEL VECCHIO Judgment Debtor EX PARTE: ALEX LEWENBERG Judgment Creditor COURT: Sundberg J DATE: 13 November 1995 PLACE: Melbourne MINUTES OF ORDER 1. The Court declares that the affidavits filed on behalf of the judgment debtor do not satisfy the description in s.41(7) of the Bankruptcy Act. 2. The Court orders that the judgment debtor pay the judgment creditor's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VN 1203 of 1995 GENERAL DIVISION ) RE: FERNANDO DEL VECCHIO Judgment Debtor EX PARTE: ALEX LEWENBERG Judgment Creditor COURT: Sundberg J DATE: 13 November 1995 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: On 26 July 1994 the judgment creditor, a solicitor, issued proceedings against the judgment debtor in the Magistrates' Court at Melbourne for an amount claimed to be payable for professional services. The matter was to be heard on 9 March 1995, but on that day the judgment debtor requested an adjournment on the ground that he wanted to commence proceedings "in another jurisdiction". The magistrate ordered that the judgment debtor file an amended defence and counterclaim on or before 19 April 1995, and "file all appropriate steps to have the claim, counterclaim and defence transferred" to the County Court by 19 April 1995, and that in default the case proceed to hearing on 19 April. The judgment debtor did not take the steps contemplated by the orders, and on 19 April judgment was entered against him for $10,266.15 together with interest and costs. The judgment debtor did not appear at the hearing.

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IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VN 1203 of 1995 GENERAL DIVISION ) RE: FERNANDO DEL VECCHIO Judgment Debtor EX PARTE: ALEX LEWENBERG Judgment Creditor COURT: Sundberg J DATE: 13 November 1995 PLACE: Melbourne MINUTES OF ORDER 1. The Court declares that the affidavits filed on behalf of the judgment debtor do not satisfy the description in s.41(7) of the Bankruptcy Act. 2. The Court orders that the judgment debtor pay the judgment creditor's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VN 1203 of 1995 GENERAL DIVISION ) RE: FERNANDO DEL VECCHIO Judgment Debtor EX PARTE: ALEX LEWENBERG Judgment Creditor COURT: Sundberg J DATE: 13 November 1995 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: On 26 July 1994 the judgment creditor, a solicitor, issued proceedings against the judgment debtor in the Magistrates' Court at Melbourne for an amount claimed to be payable for professional services. The matter was to be heard on 9 March 1995, but on that day the judgment debtor requested an adjournment on the ground that he wanted to commence proceedings "in another jurisdiction". The magistrate ordered that the judgment debtor file an amended defence and counterclaim on or before 19 April 1995, and "file all appropriate steps to have the claim, counterclaim and defence transferred" to the County Court by 19 April 1995, and that in default the case proceed to hearing on 19 April. The judgment debtor did not take the steps contemplated by the orders, and on 19 April judgment was entered against him for $10,266.15 together with interest and costs. The judgment debtor did not appear at the hearing.

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