Glass v Demarco [1999] FCA 481

FEDERAL COURT OF AUSTRALIA

Glass v Demarco [1999] FCA 481

BANKRUPTCY – validity of bankruptcy notice – whether overstatement of amount of debt – date at which notice is considered to make a claim – whether notice suffers from formal defect or irregularity – whether substantial injustice caused to recipient PRACTICE AND PROCEDURE – whether applicant should be given opportunity to seek leave to amend grounds of opposition - whether leave to adjourn petition should be granted Bankruptcy Act 1966 (Cth), s41(5); s306 District Court Act 1973 (NSW), s85 Walsh v Deputy Commissioner of Taxation (1984) 156 CLR 337, considered Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71, considered Re Manion; ex parte Deputy Commissioner of Taxation (1979) 23 ALR 270, considered

TIBOR THOMAS GLASS v GODFREY CHARLES DEMARCO NG 8401 OF 1998 EMMETT J 1 APRIL 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG8401 OF 1998

IN THE MATTER OF GODFREY CHARLES DEMARCO

BETWEEN: TIBOR THOMAS GLASS

Petitioning Creditor

AND: GODFREY CHARLES DEMARCO

Debtor

JUDGE: EMMETT J

DATE OF ORDER: 1 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The hearing of the petition be adjourned to 21 April 1999 at 10.15 a.m. 2. Leave be given to the debtor to file a Notice of Motion returnable on 21 April 1999 before Emmett J in the form initialled, dated with today's date and placed with the papers. 3. The debtor file and serve no later than 12 April 1999 any further affidavits on which he seeks to rely on the hearing of the motion. 4. The petitioning creditor file and serve no later than 19 April 1999 any affidavits in answer to the debtor's affidavits. 5. As a term of granting the adjournment, the sum of $50,000 be paid into court on or before 12 April 1999. 6. Liberty to restore the matter for mention on 14 April 1999 be reserved to the creditor if the sum of $50,000 is not paid into court on or before 12 April 1999. 7. The debtor pay the costs of today.