Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reasonable Endeavours Pty Ltd v Dennehy [2002] FCA 1472 BANKRUPTCY - creditor's petition – judgment debt – notice of intention to oppose – whether settlement agreement as executed substituted the judgment debt with a different obligation so as to constitute accord and satisfaction or accord and conditional satisfaction – whether s 5(7) of the Limitations of Actions Act 1958 (Vic) applies - whether a bankruptcy notice or a creditor's petition is an action for the purposes of s 5(7) of the Limitations of Actions Act – whether a sequestration order should be made against the estate of the respondent debtor. Bankruptcy Act 1966 (Cth) ss 41(5), 43, 52(1)(c), 52(2) Supreme Court Act 1986 (Vic) s 101(1) Penalty Interest Rates Act 1983 (Vic) Limitations of Actions Act 1958 (Vic) ss 3(1), 5(4), 5(7), 24(3)
Federal Court Rules O 62 Dennehy v Reasonable Endeavours Pty Ltd [2001] VSC 447, followed McDermott v Black (1940) 63 CLR 161, cited Commissioner of Taxation v Hadidi (1994) 51 FCR 453, cited Re Maddox; Ex parte the Debtor (1979) 24 ALR 279, referred to Reasonable Endeavours Pty Ltd v Dennehy (2001) 107 FCR 144, distinguished Re Moss; Ex parte Tour Finance Ltd (1969) 13 FLR 101, followed Commonwealth Bank of Australia v Sammut [2000] VSC 374, cited Re Wheeler & Reynolds; Ex parte Kerr v Crowe (1988) 20 FCR 185, followed REASONABLE ENDEAVOURS PTY LTD v GERARD PETER DENNEHY V 7018 OF 2002 MARSHALL J MELBOURNE 29 NOVEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V7018 of 2002
BETWEEN: REASONABLE ENDEAVOURS PTY LTD
(FORMERLY ASIACITI (AUSTRALIA) PTY LTD)
(ACN 006 595 795)
APPLICANT
AND: GERARD PETER DENNEHY
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 29 NOVEMBER 2002
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