Re Eather, Rosemary; Ex Parte Eather, Rosemary v Mayco Industries Pty Ltd [1997] FCA 445

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No QN 1944 of 1995 BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Re : ROSEMARY EATHER Ex parte : ROSEMARY EATHER Applicant and : MAYCO INDUSTRIES PTY LTD Respondent CORAM: Spender J PLACE: Brisbane DATE: 1 May 1997 MINUTES OF ORDER THE COURT DECLARES that it is not satisfied in relation to paragraph 2 of the application to set aside the bankruptcy notice that Mrs Eather had a counter-claim, set-off or cross demand that she could not have set up in proceedings before the Queensland Building Tribunal. THE COURT ORDERS THAT: 1. The application to set aside the bankruptcy notice filed 21 February 1996 is dismissed. 2. The respondent to that application be awarded its costs of the application, including reserved costs, to be taxed if not agreed. 3. The petition filed by the creditor in No 365 of 1996 be dismissed. 4. The petitioning creditor pay the costs of the debtor, including reserved costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No. QN 1944 of 1995 BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Re : ROSEMARY EATHER Ex parte : ROSEMARY EATHER Applicant and : MAYCO INDUSTRIES PTY LTD Respondent CORAM: Spender J PLACE: Brisbane DATE: 1 May 1997 REASONS FOR JUDGMENT I am dealing today with an application to set aside bankruptcy notice No 1944 of 1995. The application was filed on 21 February 1996 by Mrs Rosemary Eather and sought orders that: