Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westbrook v National Australia Bank Ltd [1999] FCA 892 BANKRUPTCY – application to set aside a bankruptcy notice – whether applicant's cross-claim could have been set-up in the proceeding in which judgment was obtained – whether cross claim is a substantial and bona fide claim. Bankruptcy Act 1966 (Cth) – s 40(1)(g) Gray v Webb (1882) 21 ChD 802 - cited Quinn v Hession (1878) 40 LT 70 - cited Shanks and Co Pty Ltd v Hohne (1963) VR 198 - cited
WESTBROOK v NATIONAL AUSTRALIA BANK
VG 7693 of 1998
MERKEL J 22 JUNE 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 7693 OF 1998
BETWEEN: DAVID EDMUND HUGH WESTBROOK AND
MARIA CARMEN REYES WESTBROOK
Applicants
AND: NATIONAL AUSTRALIA BANK LTD
(ACN 004 044 937)
Respondent JUDGE: MERKEL J
DATE OF ORDER: 22 JUNE 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The order of Registrar Wood made on 19 May 1999 be set aside. 2. The application of the applicants for an order that the bankruptcy notice number VN 1268 of 1998 be dismissed. 3. The time for compliance with the said bankruptcy notice be extended from 21 August 1998 to 2 July 1999. 4. The applicants pay to the respondent the costs of and incidental to the application dated 10 September 1998 and the notice of motion dated 8 June 1999.
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 7693 OF 1998
BETWEEN: DAVID EDMUND HUGH WESTBROOK AND
MARIA CARMEN REYES WESTBROOK
Applicants
AND: NATIONAL AUSTRALIA BANK LTD
(ACN 004 044 937)
Respondent
JUDGE: MERKEL J
DATE: 22 JUNE 1999
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