Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Amos v Brisbane TV Ltd [2000] FCA 825 BANKRUPTCY - whether discretion to set aside bankruptcy on debtor's solvency - whether non-compliance with Rules of the Court in which the judgment was given invalidates the bankruptcy notice founded on judgment.
Bankruptcy Act 1966 (Cth) s 30 and s 40(1)(g)
Re Athans; Ex parte Athans (1991) 29 FCR 302 cited Re Briggs; Ex parte Briggs v Deputy Commissioner of Taxation (WA) (1986) 12 FCR 310 cited Re Hutchins; Ex parte Wall (Spender J, unreported, 6 May 1998) referred to Re Stubberfield; Ex parte Paradise Grove Pty Ltd (1994) 134 ALR 169 followed Zantiotis v Andrew (1987) 80 ALR 23 referred to Re Lamb; Ex parte Melsom (1980) 42 FLR 399 cited Re Dingle; Westpac Banking Corporation v Worrell (1993) 119 ALR 265 referred to Re Gibbs; Ex parte Triscott (1995) 65 FCR 80 referred to Re Skaff; Ex parte Farrow Mortgage Services Pty Ltd (1993) 41 FCR 331 referred to Re Ferguson; Ex parte EN Thorne & Co Pty Ltd (1969) 14 FLR 311 referred to McIntosh v Shashoua (1931) 46 CLR 494 referred to EDWARD AMOS v BRISBANE TV LIMITED Q 7321 OF 1999 DRUMMOND J 19 JUNE 2000 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 7321 OF 1999
BETWEEN: EDWARD AMOS
APPLICANT
AND: BRISBANE TV LIMITED
RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 19 JUNE 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application be dismissed with costs, including reserved costs.
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 Q 7321 OF 1999
BETWEEN: EDWARD AMOS
APPLICANT
AND: BRISBANE TV LIMITED
RESPONDENT
JUDGE: DRUMMOND J
DATE: 19 JUNE 2000
PLACE: BRISBANE
REASONS FOR JUDGMENT
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