Xu v Wincopy Pty Ltd [1999] FCA 1335

FEDERAL COURT OF AUSTRALIA

Xu v Wincopy Pty Ltd [1999] FCA 1335 BANKRUPTCY – bankruptcy notice – whether debtor had a counter-claim, set-off or cross demand

Bankruptcy Act 1966, s 40(1)(g) Stec v Orfanos [1999] FCA 457, applied

HUMPHREY JIAN XU v WINCOPY PTY LIMITED and VISION WISE HOLDINGS LIMITED

N 7832 OF 1999

JUDGE: WHITLAM J

DATE: 24 SEPTEMBER 1999

PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7832 OF 1999

IN THE MATTER OF HUMPHREY JIAN XU

BETWEEN: HUMPHREY JIAN XU

Applicant

AND: WINCOPY PTY LIMITED

VISION WISE HOLDINGS LIMITED

Respondents

JUDGE: WHITLAM J

DATE OF ORDER: 24 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondents' costs. 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 N 7832 OF 1999

IN THE MATTER OF HUMPHREY JIAN XU

BETWEEN: HUMPHREY JIAN XU

Applicant

AND: WINCOPY PTY LIMITED

VISION WISE HOLDINGS LIMITED

Respondents

JUDGE: WHITLAM J

DATE: 24 SEPTEMBER 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application to set aside a bankruptcy notice, which was issued on 23 June 1999 at the request of the respondents. They relied upon a judgment in the sum of $6,001 obtained in the Local Court at the Downing Centre, Sydney on 23 December 1998. That judgment was for an amount of costs payable as a result of an order of the Supreme Court of New South Wales. The bankruptcy notice was served on 6 July 1999, and the present application was filed on 27 July 1999 accompanied by an affidavit sworn the same day by the applicant's solicitor, Mr George Yip.