Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lau v Accord Pacific Properties Pty Ltd, in the matter of Lau [2003] FCA 795
BANKRUPTCY – application to set aside a bankruptcy notice – whether the applicant has a counter‑claim within the meaning of s 40(1)(g) – whether the applicant could not have set‑up the cross‑claim in the proceeding in which the judgment or order was obtained. Bankruptcy Act 1966 (Cth) ss 40, 41 Re Ling; Ex Parte Ling v Commonwealth of Australia (1995) 58 FCR 129 followed Re Phyllis Graves; Ex Parte Phyllis Graves v Kevin Seggie (unreported, Sackville J, 29 August 1997) referred to Nath v Clipway Pty Ltd [1999] FCA 625 (FC) followed DAVID WAI KWOK LAU v ACCORD PACIFIC PROPERTIES PTY LTD (ACN 062 998 618) IN THE MATTER OF DAVID WAI KWOK LAU N 7127 of 2003 BRANSON J 31 JULY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7127 of 2003
IN THE MATTER OF DAVID WAI KWOK LAU
BETWEEN: DAVID WAI KWOK LAU
APPLICANT
AND: ACCORD PACIFIC PROPERTIES PTY LTD (ACN 062 998 618)
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 15 JULY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed; 2. The time within when the applicant may comply with the bankruptcy notice be extended to 5 pm on Monday, 28 July 2003; 3. The applicant pay the respondent's costs of the application.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7127 of 2003
IN THE MATTER OF DAVID WAI KWOK LAU
BETWEEN: DAVID WAI KWOK LAU
APPLICANT
AND: ACCORD PACIFIC PROPERTIES PTY LTD (ACN 062 998 618)
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