Re Thompson, Stanley William Ex Parte Thompson, Stanley William & Ors [1995] FCA 1148

CATCHWORDS BANKRUPTCY NOTICE - notice founded on costs order of the Queensland Court of Appeal - principal proceedings still on foot - debtor a litigant in person - application for a "stay" of the costs order - absence of jurisdiction to stay an order of the Court of Appeal - whether affidavit in support of the application establishes a cross demand - whether pending application for special leave to appeal from the Court of Appeal can constitute a cross demand. COSTS - bankruptcy notice in respect of a costs order - whether the costs order in the present case creates a joint right or a joint and several right. JOINT CREDITORS - application for a bankruptcy notice - whether the application must be made by or on behalf of all joint creditors. Bankruptcy Act (1966) ss 40(1)(g), 40(3)(b) and 41(7) Bankruptcy Rules rr 7, 10 James v Abrahams (1981) 34 ALR 657 Pollnow v Queensboro Pty Limited (unreported, Federal Court of Australia, 19 October 1988) Burchett J at p 3. Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (No. 1) (1986) 161 CLR 681 In Re Boyd. Ex parte McDermott [1895] 1 QB 611 Wilmot v Buckley (1984) 2 FCR 540 Clyne v Deputy Commissioner of Taxation (1982) 42 ALR 703 Re Ryan; Ex parte Ryan v Jupiter's Management Limited (1992) 38 FCR 127 Re Brink; Ex parte Commercial Banking Co of Sydney Ltd (1980) 30 ALR 433 Eastick v Australia and New Zealand Banking Group Ltd (1981) 53 FLR 91 Re Bowen; Ex parte The Australian Workers' Union (1945) 13 ABC 275 Australian Workers' Union v Bowen (1946) 72 CLR 575 Re Darby (1904) 22 WN (NSW) 87 Re Pollnow (1994) 12 ACLC 88 RE: STANLEY WILLIAM THOMPSON (Debtor); EX PARTE: STANLEY WILLIAM THOMPSON (Applicant) and GRIMLEY PTY LTD and CABLESKI WORLD PTY LTD No. QP 632 of 1995 SPENDER J BRISBANE 23 NOVEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) No. QP 632 of 1995 BANKRUPTCY DISTRICT OF THE ) STATE OF QUEENSLAND ) RE: STANLEY WILLIAM THOMPSON Debtor EX PARTE: STANLEY WILLIAM THOMPSON Applicant AND: GRIMLEY PTY LTD and CABLESKI WORLD PTY LTD Respondents MINUTES OF ORDER JUDGE MAKING ORDER: Spender J DATE OF ORDER: 23 November 1995 WHERE MADE: Brisbane THE COURT DECLARESit is satisfied that the debtor has a cross demand of the type referred to in s. 40(1)(g) of the Bankruptcy Act 1966. THE COURT ORDERS THAT: 1. The petition is dismissed. 2. There be no order as to costs both of the application filed on 16 October 1995 and of the petition. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.