Federal Court of Australia
JUDGMENT No. 6.22... FZ722
_CATCHWORDS
BANKRUPTCY - setting aside bankruptcy notice - notice founded on interlocutory judgment in respect of costs - decision in principal proceeding reserved - whether principal proceeding involved a "counter-claim" within s.
41(7) - whether it was just to set aside bankruptcy notice.
Bankruptcy Act 1966, s. 41(7)
Re Pollnow (1994) 12 ACLC 88 Bradbrook v Farrow Mortgage Services Pty Limited (in Liquidation), unreported, von Doussa J, 9 February 1994
Re Lentini; Ex parte Lentini v CSR Limited (1991) 29 FCR 363 Chesson v Smith (1992) 35 FCR 594
RE: GEORGE EVERETT STONE; EX PARTE: GEORGE EVERETT STONE -V- FARROW MORTGAGE SERVICES PTY LTD (IN
LIQUIDATION)
NN 3536 of 1996
Burchett J Sydney 6 May 1997
FEDERAL COURT OF AUSTRALIA
21 JAN 27-7 LIBRARY
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES ) NN 3536 of 1996 GENERAL DIVISION ) RE: GEORGE EVERETT STONE EX PARTE: GEORGE EVERETT STONE Debtor FARROW MORTGAGE SERVICES PTY LTD UN LIQUIDATION) Creditor
CORAM: Burchett J PLACE: Sydney DATE: 6 May 1997
MINUTE OF ORDER OF THE COURT
THE COURT ORDERS THAT the bankruptcy notice be set aside, and that there be no order as to 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 NEW SOUTH WALES ) NN 3536 of 1996 GENERAL DIVISION ) RE: GEORGE EVERETT STONE Debtor EX PARTE: GEORGE EVERETT STONE Debtor FARROW MORTGAGE SERVICES PTY LTD (IN LIQUIDATION) Creditor
CORAM: Burchett J
PLACE: Sydney DATE: 6 May 1997
REAS FOR MENT BURCHETT J:
In this matter, the debtor seeks to have set aside a bankruptcy notice which is founded on a costs order. That order was made upon an application to vacate a hearing date, with a view to the fixing of a different hearing date, in the Supreme Court of New South Wales in the Commercial Causes Division. The costs have been fixed in some manner under procedures utilised currently in the Supreme Court in the Commercial Causes Division, and judgment has been entered for some $6000. In the meantime, the fresh hearing date arrived, the matter was heard over a period of three days, and the decision of Bainton J has now been reserved in
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