Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australia & New Zealand Banking Group v Coutts [2003] FCA 968
BANKRUPTCY – service of bankruptcy notice by bank upon guarantor of insolvent corporation for moneys subject to guarantor's guarantee and indemnity contained in single document – bank required to give notice in writing of demand of money subject to guarantee and indemnity – tender of debt subject to guarantee and to indemnity – tender rejected by bank but tendered moneys not returned – written demand thereafter served – whether leave should be granted to amend creditor's petition where liquidated sum accrued after date of act of bankruptcy.
Bankruptcy Act 1966 (Cth) ss 33(1)(b), 44(1) Federal Court Rules Order 13 rules 2(1) and (2)
Re Buckley; Ex parte James Hardie & Co Pty Ltd (1976) 27 FLR 496 Pukim Investments Pty Ltd v Johnson [2000] FCA 615 Queensland v J L Holding Pty Ltd (1997) 189 CLR 146 Re Mendonca; Ex parte Commissioner of Taxation (1969) 15 FLR 256 Hyams v Elder Smith Goldsbrough Mort Ltd (1970) 19 FLR 232 Dean v QUF Industries Ltd (1981) 51 FLR 317 Re Tait; Ex parte Commissioner of Taxation (1996) 65 FCR 592 Moss v Smith (1808) 1 Camp 489 McNamara v Langford (1931) 45 CLR 267 Bradford Old Bank Ltd v Sutcliffe [1918] 2 KB 833 Moschi v Lep Air Services Ltd [1973] AC 331 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245 Re Taylor; Ex parte Century 21 Real Estate Corporation (1995) 130 ALR 723 Ketteman v Hansel Properties Ltd [1987] AC 189 McIntosh v Shashoua (1931) 46 CLR 494 The Modern Contract of Guarantee (3rd ed) O'Donovan and Phillips LBC 1996 AUSTRALIA AND NEW ZEALAND BANKING GROUP v ROBERT COUTTS N 7197 OF 2003 CONTI J 12 SEPTEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7197 OF 2003
BETWEEN: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate