Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charles v Parkinson [2000] FCA 1467
BANKRUPTCY – contested creditor's petition – proof of judgment debt – discretion to go behind judgment of District Court – husband and wife were sole directors of company – wife held liable in District Court under personal guarantee of company's contractual obligations – creditors initially obtained default judgment when husband and wife failed to appear at hearing – husband and wife applied to have default judgment set aside – judge set aside default judgment on condition that husband and wife pay costs thrown away – husband and wife failed to comply with costs order – judge refused wife leave to rely on amended defence BANKRUPTCY – contract – personal guarantee – intention – non est factum
Bankruptcy Act 1966 (Cth) s 52
Cain v Whyte (1933) 48 CLR 639 referred to Wren v Mahoney (1972) 126 CLR 212 referred to Wolff v Donovan (1991) 29 FCR 480 referred to Clark Equipment Credit of Australia Ltd v Kiyose Holdings Pty Ltd (1989) 21 NSWLR 161 referred to Deeks v Little Moreton Trading Pty Ltd (1995) 14 WAR 58 referred to James Thane Pty Ltd v Conrad International Hotels Corp [1999] QCA 516 referred to Hoylevans Pty Ltd v Weir [2000] WASC 144 referred to Gibson v Manchester City Council [1978] 1 WLR 520 referred to Zaknic Pty Ltd v Svelte Corporation Pty Ltd (unreported, Federal Court of Australia, Lehane J, 14 August 1996) referred to EDWARD JOHN CHARLES AND KATHRYN ANN CHARLES v DAVID PARKINSON AND FIONA MARGARET PARKINSON (IN THE MATTER OF DAVID PARKINSON AND FIONA MARGARET PARKINSON) N 7541 OF 1999 MOORE J 20 OCTOBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7541 OF 1999
IN THE MATTER OF DAVID PARKINSON AND FIONA MARGARET PARKINSON
BETWEEN: EDWARD JOHN CHARLES AND KATHRYN ANN CHARLES
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