Slack v Bottoms English Solicitors [2002] FCA 1445

FEDERAL COURT OF AUSTRALIA

Slack v Bottoms English Solicitors [2002] FCA 1445

BANKRUPTCY – application to set aside bankruptcy notice issued jointly by three respondents – whether applicant had a counter-claim, set-off or cross-demand equal to or exceeding the amount of the judgment debt – whether there was mutuality between creditor's claim against debtor and current claims – whether bankruptcy notice issued for improper purpose PRACTICE & PROCEDURE – application for an extension of time – considerations relevant to granting an extension of time – delay short – no suggestion of prejudice to respondent – extension of time should be granted if arguable grounds of proposed appeal shown – no arguable grounds of appeal hence granting of extension of time futile

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, followed Jessup (Trustee) v Mountain View Farm [2002] FCA 664, cited Jess v Scott (1986) 70 ALR 185, referred to Hughes v National Trustees Executors and Agency Co of Australasia Limited [1978] VR 257, referred to Atkinson v Federal Commissioner of Taxation (2000) 45 ATR 1, cited Stec v Orfanos [1999] FCA 457 , considered Emanuele v Grey [1997] 1545 FCA, referred to James v Federal Commissioner of Taxation (1995) 93 CLR 631, followed Brunninghausen v Glavanics [1998] FCA 230, cited Re Sarina (1980) 43 FLR 163 , referred to Killoran v Duncan [1999] FCA 1574, cited RICHARD JOHN SLACK v BOTTOMS ENGLISH SOLICITORS (a partnership) and STEINDLS SOLICITORS (a partnership) and MILLER HARRIS LAWYERS (a partnership) No Q 144 of 2002 SPENDER J BRISBANE 20 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 144 OF 2002

BETWEEN: RICHARD JOHN SLACK

APPLICANT

AND: BOTTOMS ENGLISH SOLICITORS (A PARTNERSHIP)

FIRST RESPONDENT