Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Glass v Demarco [1999] FCA 482
EVIDENCE – whether evidence of settlement negotiations admissible – whether exception to general rule applies – whether inference likely to be drawn which might mislead the court – whether making offer of settlement affects a right of a person Evidence Act 1995 (Cth) s131(1), s131(2)(g), s131(2)(i)
TIBOR THOMAS GLASS v GODFREY CHARLES DEMARCO
NG 8401 OF 1998 EMMETT J 14 APRIL 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8401 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: 14 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application by the debtor for an extension of time within which to file further affidavits and to pay money into Court be refused. 2. The debtor pay the costs of today. 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 8401 OF 1998
IN THE MATTER OF GODFREY CHARLES DEMARCO
BETWEEN: TIBOR THOMAS GLASS
Petitioning Creditor
AND: GODFREY CHARLES DEMARCO
Debtor
JUDGE: EMMETT J
DATE: 14 APRIL 1999
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT 1 On 1 April 1999, I adjourned the hearing of the bankruptcy petition to 21 April 1999 at 10.15 am. I also gave leave to the debtor to file a notice of motion returnable on 21 April 1999 before me and directed the debtor to file and serve no later than 12 April 1999 any further affidavits on which he seeks to rely on the hearing of the motion. 2 I ordered that, as a term of granting the adjournment, the sum of $50,000 be paid into court on or before 12 April 1999. I indicated that, if that sum was not paid on or before that date, I did not propose to entertain any application to amend the notice of grounds of opposition by the debtor based on the debtor's ability to pay his debts. I reserved to the creditor liberty to restore the matter for mention on 14 April 1999 if the sum of $50,000 was not paid into court on or before 12 April 1999. 3 The matter has now come before me again on the application of the creditor because of the failure by the debtor to pay the sum of $50,000 into court.
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