Haley, Thomas Murray v Pattison, Paul Pattison [1998] FCA 1182

FEDERAL COURT OF AUSTRALIA

BANKRUPTCY – application to set aside bankruptcy notice – respondent appointed as receiver – applicant applied for appointment of receiver – remuneration and expenses of receiver fixed by Supreme Court of Victoria – debt claimed by creditor being sum fixed by the Court Bankruptcy Act 1996 – s 41 Federal Court of Australia Act 1976 – s 18AB(1A)

Trade Practices Act 1974 Emerson v Wreckair (1992) 109 ALR 539 - cited

THOMAS MURRAY HALEY v PAUL ANTHONY PATTISON VG 7498 of 1998 BEFORE: RYAN JR PLACE: MELBOURNE DATE: 21 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7498 of 1998

BETWEEN: THOMAS MURRAY HALEY

Applicant

AND: PAUL ANTHONY PATTISON

Respondent

JUDICIAL REGISTRAR: RYAN

DATE OF ORDER: 21 september 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application to set aside Bankruptcy Notice VN 968/98 is dismissed. 2. All aspects of the application encompassed by the document entitled "Defence and Counter Claim of Bankruptcy Notice VN 968/98" are dismissed. 3. The applicant is to pay the costs of the respondent in respect of the application as agreed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7498 of 1998

BETWEEN: THOMAS MURRAY HALEY

Applicant

AND: PAUL ANTHONY PATTISON

Respondent

JUDicial registrar: RYAN

DATE: 21 september 1998

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE APPLICATION On 8 July 1998 the applicant filed a document entitled "Defence and Counter Claim of Bankruptcy Notice VN 968/98". The document contained an application to set aside Bankruptcy Notice VN 968/98 and sought a variety of other orders from the Court. On 9 July the applicant served the respondent with material which included the application to set aside the bankruptcy notice. On 25 August the application was adjourned to 9.30 a.m. today and about 11.15 a.m. Olney J referred the matter to me for hearing at 2.15 p.m. It is clear that the application has been referred to me as a Judicial Registrar pursuant to s 18AB(1A) of the Federal Court of Australia Act 1976. The applicant is unrepresented and appears on his own behalf. Counsel appears for the respondent.