Federal Court of Australia
FEDERAL COURT OF AUSTRALIA BANKRUPTCY - Bankruptcy Act 1966 (Cth) s 40(1)(g) - bankruptcy notice based on amount of judgment - application to set aside bankruptcy notice - whether applicant has counter-claim equal to or exceeding judgment debt. Bankruptcy Act 1966 (Cth), s 40(1)(g) Legal Profession Act 1987 (NSW) Local Courts (Civil Claims) Act 1970 (NSW) BRETT CEDRIC MARSH v HOSPITAL COST CONSULTANTS PTY LTD NG 8056 of 1997
BRANSON J SYDNEY 11 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8056 of 1997
BETWEEN: BRETT CEDRIC MARSH
Applicant
AND: HOSPITAL COST CONSULTANTS PTY LTD
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 11 december 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed. 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 8056 of 1997
BETWEEN: BRETT CEDRIC MARSH
Applicant
AND: HOSPITAL COST CONSULTANTS pty ltd
Respondent
JUDGE(S): BRANSON J
DATE: 11 december 1997
PLACE: SYDNEY
REASONS FOR JUDGMENT By an application dated 8 September 1997, the applicant seeks orders setting aside a bankruptcy notice served on him on 18 August 1997 and extending time for compliance with such bankruptcy notice on the grounds that he has applied to set aside the judgment on which the bankruptcy notice was based and that he has a counter-claim. The applicant was not legally represented at the time that he completed and filed the application. The "affidavit" which was filed in support of the application did not comply with the Federal Court Rules. The applicant at the hearing swore that the contents of the "affidavit" were true and the respondent took no point in respect of its formal defects. BACKGROUND FACTS The applicant is a former employee of the respondent. The terms upon which he was offered employment are set out in a letter dated 15 March 1994. So far as is here relevant, those terms are as follows:
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