Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirk v Ashdown [1999] FCA 522 BANKRUPTCY - grounds for challenging validity of bankruptcy notice founded on a judgment debt - whether judgment predicated on perjured evidence - requisite nexus between fraud and order made - whether witness credibility a collateral issue Wren v Mahony (1972) 126 CLR 212 Cited Emerson v Wreckair Pty Ltd (1992) 33 FCR 581 Cited Olivieri v Stafford (1989) 24 FCR 413 Cited Wenkart v Abignano [1999] FCA 354, Full Court, unreported Cited McDonald v McDonald (1965) 113 CLR 529 Cited Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 Cited Bourke v Beneficial Finance Corporation Ltd (1993) 47 FCR 264 Refd to Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 Refd to Re Geard; Ex parte Reid, Sheppard J [1994] FCA 45 Refd to
DEBORAH ANN KIRK v RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN QG 7430 of 1998 JUDE CHRISTOPHER KIRK v RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN QG 7507 of 1998
KIEFEL J
BRISBANE
29 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QG 7430 OF 1998
BETWEEN: DEBORAH ANN KIRK
Applicant
AND: RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN
Respondents
JUDGE: KIEFEL J
DATE OF ORDER: 29 APRIL 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The order made on 28 October 1998 extending time for compliance with the bankruptcy notice be vacated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QG 7507 OF 1998
BETWEEN: JUDE CHRISTOPHER KIRK
Applicant
AND: RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN
Respondents
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