Gould, in the matter of Gould v Day [1999] FCA 1650

FEDERAL COURT OF AUSTRALIA

Gould, in the matter of Gould v Day [1999] FCA 1650 BANKRUPTCY – application to set aside bankruptcy notice – whether debtor has a counter-claim, set-off or cross demand of the kind set out in s 40(1)(g) Bankruptcy Act 1966 (Cth) Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(6A), 41(7) Re Gibbs; Ex parte Triscott (1995) 65 FCR 80, cited Ebert v The Union Trustee Company of Australia Ltd (1960) 104 CLR 346, followed Re Brink; Ex parte Commercial Banking Company of Sydney Ltd (1980) 30 ALR 433, followed Crimmins v Glenview Home Units [1999] FCA 515, cited Bhattacharya v Berger [1999] FCA 883, cited

IN THE MATTER OF STEPHEN GOULD

STEPHEN GOULD v JULIAN DAY & ANOR N 8023 OF 1999 JULIAN DAY & ANOR v STEPHEN GOULD

N 8054 OF 1999

JUDGE: SACKVILLE J

PLACE: SYDNEY

DATE: 24 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8023 OF 1999

N 8054 OF 1999

N 8023 of 1999:

BETWEEN: STEPHEN GOULD

Applicant

AND: JULIAN DAY

First Respondent

ALAN MANLY

Second Respondent

N 8054 of 1999:

BETWEEN: JULIAN DAY

First Applicant

ALAN MANLY

Second Applicant

AND: STEPHEN GOULD

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 24 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application to set aside bankruptcy notice NN 1632 of 1999, filed by Mr Gould ("the debtor") on 13 September 1999, be dismissed.

2. The creditors' petition filed by Mr Day and Mr Manly ("the creditors") on 20 September 1999, and amended on 12 October 1999, be struck out.

3. The notice of motion filed by the creditors on 21 September 1999, which seeks to dismiss the debtor's application to set aside the bankruptcy notice on the basis that the application is incompetent, be dismissed.

4. No order as to costs.