Federal Court of Australia
FEDERAL COURT OF AUSTRALIA BANKRUPTCY - Bankruptcy Act 1966 (Cth), s 41 - application to set aside bankruptcy notice - bankruptcy notice based on judgment of Supreme Court of New South Wales - benefit of judgment assigned - no leave to enforce judgment obtained - whether judgment is one in respect of which execution has been stayed - whether bankruptcy notice tainted by irregularities of form. Bankruptcy Act 1966 (Cth), ss 40, 41 Conveyancing Act 1919 (NSW) Supreme Court Act 1970 (NSW)
Supreme Court Rules 1970 (NSW)
Re Solomon; Ex parte Reid (1986)10 FCR 423, cited Maclaine Watson & Co Ltd v International Tin Council [1988] Ch 1, cited. Penning v Steel Tube Supplies Pty Ltd (1988) 18 FCR 568, followed Wiltshire-Smith v Mellor Olsson (1995) 57 FCR 572, followed Re Pannowitz; Ex parte Wilson (1975) 38 FLR 184, cited Re Excell; Ex parte Martin (1995) 134 ALR 623, cited Re Richards; Ex parte Sommers (1947) 14 ABC 112, cited James v Federal Commissioner of Taxation (1955) 93 CLR 631, cited Clyne v Deputy Commissioner of Taxation (1982) 42 ALR 703, cited ROBERT BESON v ROBERT WILIAM DEAN NG 7808 of 1997
BRANSON J
SYDNEY
1 december 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7808 of 1997
BETWEEN: ROBERT BESON
Applicant
AND: ROBERT william DEAN
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 1 december 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The bankruptcy notice in this matter be set aside. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7808 of 1997
BETWEEN: ROBERT BESON
Applicant
AND: ROBERT WILLIAM DEAN
Respondent
JUDGE(S): BRANSON J
DATE: 1 december 1997
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