Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Bankruptcy - bankruptcy notice - application to set aside notice on the ground that the debtor has a counter claim or set-off - bankruptcy notice founded on order for costs made jointly in favour of several parties - counter claim or set-off in respect of costs in other proceedings ordered against one only of those parties - whether the counter claim or set-off is due in the same right - whether time for compliance with the notice should be extended beyond the date when the Court determines that it is satisfied that the debtor does not have a counter claim, set-off or cross demand as referred to in s 40(1)(g) of the Bankruptcy Act 1966
Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(6A), 41(7) Australian Workers' Union v Bowen (1946) 72 CLR 575 Thiess Watkins White Construction Limited (in liq) v Witan Nominees (1985) Pty Ltd [1992] 2 Qd R 452 Re Thompson; ex parte Thompson v Grimley Pty Ltd (1995) 135 ALR 700 Edwin John Brown (1923) 40 WN (NSW) 73 Re Wedd; ex parte Wedd v Parker (1961) 19 ABC 36 James v Abrahams (1981) 51 FLR 16 James v Federal Commissioner of Taxation (1955) 93 CLR 631 Re Molesworth (1907) 51 Sol Jo 653 Clyne v Deputy Commissioner of Taxation (No. 5) (1982) 69 FLR 345 Re Stirling; ex parte Esanda Ltd (1980) 44 FLR 125 McLean v ANZ Banking Group Ltd (1993) FCR 300
Matter No. SG7173 of 1997 GIUSEPPE EMANUELE v RONALD ALWIN GREY, BRIAN BATES, PETER JOHN LAMB, ARTHUR BROWN, ALLAN JOHN DAU, PETER EDWARD PHILLIPS, IAN DOUGLAS TEMBY and COMMONWEALTH OF AUSTRALIA
VON DOUSSA J ADELAIDE 17 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG7173 of 1997
BETWEEN: giuseppe emanuele
Applicant
AND: ronald alwin grey
First Respondent
brian bates
Second Respondent
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