Cummings v Raeffaele [2000] FCA 675

FEDERAL COURT OF AUSTRALIA

Cummings v Raeffaele [2000] FCA 675

BANKRUPTCY – bankruptcy notice – whether bankruptcy notice relies on more than one judgment debt – where Local Court of New South Wales dismissed, with costs, private prosecution brought by judgment debtor – where judgment debtor appealed to District Court of New South Wales against order to pay costs – where District Court confirmed costs order of Local Court and ordered judgment debtor to pay costs of appeal – where bankruptcy notice relies on orders of District Court confirming order of Local Court and ordering judgment debtor to pay costs of appeal

Bankruptcy Act 1966 (Cth) s 40(1)(g) Justices Act 1902 (NSW) ss 122, 125, 131 (repealed)

Owners of Strata Plan No 5459 v Mason (1999) 91 FCR 92 applied Commonwealth Bank of Australia v Horvath (1999) 161 ALR 441 applied G P W Aussie Exports v Latin (1998) 85 FCR 324 applied Catalano v Commonwealth Bank of Australia (Sundberg J, 3 July 1997, unreported) applied Illawarra Credit Union Ltd v Olejniczak (26 May 1998, Beaumont J, unreported) not followed Barendse v Comptroller-General of Customs (1996) 136 FLR 243 at 249-250 applied Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 at 291 applied Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616 at 620 applied Re Wheeler [1982] 1 WLR 175 applied Re Stephenson; Ex parte Cintee Nominees Pty Ltd (1988) 18 FCR 375 referred to Re Gardiner (Wilcox J, 20 March 1991, unreported) referred to Re Walker; Ex parte Noble Einsiedel Pty Ltd (Northrop J, 16 April 1992, unreported) applied Anderson v Judges of the District Court of New South Wales (1992) 27 NSWLR 701 applied MERVYN CUMMINGS v TINDARO RAEFFAELE (IN THE MATTER OF TINDARO RAEFFAELE) N 7380 OF 2000 MOORE J 30 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA