Taubert v Eddaglide Pty Ltd [2001] FCA 567

FEDERAL COURT OF AUSTRALIA

Taubert v Eddaglide Pty Ltd

[2001] FCA 567

BANKRUPTCY – application to set aside summary judgment forming basis of bankruptcy notice – whether appropriate to go behind summary judgment – where debtor granted extension of time for compliance to enable judgment to be set aside in appropriate court – failure by applicant to set aside judgment – relevance of cross-claim set-off or cross demand less than judgment debt by applicant – where principal liability conceded in related proceedings – whether judgment "final judgment" under Bankruptcy Act 1966 (Cth) – effect of Mareva order obtained by creditor Bankruptcy Act 1966 (Cth) ss 40(1), 40(3), 41(1), 41(3), 41(5), 41(6), 41(6A), 41(6C), 41(7), 86 Corporations Laws 553C Olivieri v Stafford (1989) 24 FCR 413 referred to Malouf v Malouf (1999) 86 FCR 134 referred to Boscolo v Botany Council, (Jenkinson, O'Loughlin & Sackville JJ, 16 October 1996, unreported) referred to Wiltshire-Smith v Olsson (1995) 57 FCR 572 referred to Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264 referred to

SIGMUND TAUBERT v EDDAGLIDE PTY LIMITED (IN LIQUIDATION) ACN 051 149 596 and GUNDAGAI GOLD PTY LIMITED (IN LIQUIDATION) ACN 002 862 615 IN THE MATTER OF SIGMUND TAUBERT

N 7748 OF 2000

GYLES J

SYDNEY

17 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7748 OF 2000

IN THE MATTER OF SIGMUND TAUBERT

BETWEEN: SIGMUND TAUBERT

APPLICANT

AND: EDDAGLIDE PTY LIMITED (IN LIQUIDATION)

ACN 051 149 596

FIRST RESPONDENT

GUNDAGAI GOLD PTY LIMITED (IN LIQUIDATION)

ACN 002 862 615

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 17 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Application dismissed. 2. The applicant is to pay the costs of the respondents, including all costs reserved in the proceedings up to and including the date of judgment. 3. The time for compliance with bankruptcy notices NN5404 of 2000 and NN5405 of 2000 be extended until 1 June 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.