Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crimmins v Glenview Home Units [1999] FCA 515
BANKRUPTCY – Bankruptcy Act 1966 (Cth) – application to set aside bankruptcy notice of on the basis of counter-claim, set-off or cross demand – significance of requirements of O 77 r 13 of the Federal Court Rules - whether affidavits accompanying application to set aside bankruptcy notice contain full details and of the counter-claim, set-off or cross demand - whether affidavits accompanying application to set aside bankruptcy notice contain the amount of the counter-claim, set-off or cross demand and the amount by which it exceeds the amount claimed in the bankruptcy notice PRACTICE AND PROCEDURE – Federal Court Rules – applicability of Federal Court Rules in bankruptcy proceedings – requirement to comply with Rules where dispensation not sought Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(7) Federal Court Rules, O 77 r 13
Re Brink; Ex parte Commercial Banking Co of Sydney Ltd (1980) 30 ALR 433, cited Re Donkin; Ex parte AGC Advances Ltd (1994) 125 ALR 293, cited Ebert v The Union Trustee of Australia Ltd (1960) 104 CLR 346, cited
PATRICIA CRIMMINS v GLENVIEW HOME UNITS PTY LTD (ACN: 000-232-075) No. NG 8398 of 1998 BRANSON J SYDNEY 29 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8398 of 1998
IN THE MATTER OF PATRICIA LOUISE CRIMMINS
BETWEEN: PATRICIA LOUISE CRIMMINS
A debtor
PATRICIA LOUISE CRIMMINS
Applicant
AND: GLENVIEW HOME UNITS PTY LTD
(ACN: 000-232-075)
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 29 APRIL 1999
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.
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