Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Glew v Harrowell, in the matter of Glew [2003] FCA 373 BANKRUPTCY – application to set aside bankruptcy notice – bankruptcy notice based on judgment for solicitors' costs and disbursements obtained upon registration in District Court of certificate of determination of costs under s 208J of the Legal Profession Act 1987 (NSW) – debtors allege counter-claim, set-off or cross demand against solicitors for damages for negligence – common ground that that claim could not have been made in District Court proceeding – discussion of what debtors must prove in order to "satisfy" Court of existence of counter-claim, set-off or cross demand – various formulations of test – effect of debtors' delay in prosecuting their claim.
Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(7)
Ebert v The Union Trustee Co of Australia Ltd (1960) 104 CLR 346 followed Re Brink; Ex parte Commercial Banking Company of Sydney Ltd (1980) 44 FLR 135 followed Gomez v State Bank of NSW Ltd [2002] FCAFC 101 followed Re Gould; Gould v Day [1999] FCA 1650 followed Re Capsanis; Capsanis v The Owners – Strata Plan 11727 [2000] FCA 1262 followed Guss v Johnstone (2000) 171 ALR 598 followed Re Donkin; Ex parte AGC Advances Ltd (1994) 52 FCR 271 cited IN THE MATTER OF JOSEPH GLEW
JOSEPH GLEW v JIM HARROWELL OF HUNT & HUNT LAWYERS
N 7350 OF 2002
IN THE MATTER OF PAUL TRESIDDER
PAUL TRESIDDER v JIM HARROWELL OF HUNT & HUNT LAWYERS
N 7351 OF 2002
LINDGREN J 1 MAY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 7350 OF 2002
IN THE MATTER OF JOSEPH GLEW
BETWEEN: JOSEPH GLEW
APPLICANT
AND: JIM HARROWELL OF HUNT & HUNT LAWYERS
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